Amarin Corp Plc (AMRN)

[sstyles]

Generics broad-based labeling of fish oil is a deliberate attempt to influence the judges. Hopefully Amarin and Singer have an answer for this. Generics are very crafty and cunning with their approach. It certainly worked in the first trial as Judge Du bought the argument and the rest was history.

Look at how the generics used the Mori, Hayashi, and the other trials even though they were the wrong population. It was a classic straw man argument to take the focus away from the two distinct populations (less than 500 and greater than 500) and it worked.

In their brief the generics mention that secondary considerations were discussed for 18 pages out of the 70 in Judge Du's opinion--to influence the Judges into thinking that Judge Du thoroughly considered the secondary considerations before deciding they were not enough to rebut the prima facie case of obviousness. Again they are crafty.

Generics even state that Judge Du did not weigh the secondary considerations against each other but rather Amarin took the statement out of context. see page 31

Page 22 Most of Amarin’s secondary considerations evidence focused on its REDUCE-IT study—and the court found that REDUCE-IT lacks a nexus to the asserted claims.
Again trying to get the appellate court to disregard the secondary considerations because of a lack of a connection.

Page 46 – In short, Amarin told FDA and its investors the precise opposite of what it is now arguing to this Court.
Trying to use Amarin's own internal documents and submissions to the FDA against Amarin.

This is who we are dealing with.

This is why in my opinion it will all come down to the judges because there is no certainty they are awake and paying attention. Is John Thero willing to go all the way with the trial and roll the dice again? The clock is ticking.