WRITTEN DESCRIPTION...
Back in 2016 both Amarin and the Generics came together to pose what avenues would be pursued .... This was done after AMARIN pursued legal recourse against Generic SNDA's. The Generics can pursue invalidation of patents through ( obviousness, anticipation, enablement, indefiniteness ). Both parties submit potential area's to challenge patents validity. They bring expert witnesses for depositions , along with other individuals with information to produce the path to origin's of the patents... prior art of studies performed prior to patent submittal to USPTO are also researched, etc.
Both parties keep the court informed with progress of meetings and potential legal avenues that will be submitted for trial. AMARIN and
GENERICS decide what valid areas have been agreed upon in two specific legal pursuits.. 1. infringement ( contributory or inducement ) and 2. obviousness, anticipation, enablement, indefiniteness. The court sets a date for final pretrial document submittals that the court will address at trial. Both parties agree on OBVIOUSNESS and CONTRIBUTORY INFRINGEMENT to be pursued at trial.
The Generics about a month away from the courts final submittal date for pretrial documents,tries to add (WRITTEN DESCRIPTION) to the OBVIOUSNESS validity portion of trial. AMARIN argues that Written Description was never discussed throughout the depositions portion and cannot be allowed at this late date, because it would be harmful, since they had no time to prepare a defense.
The GENERICS submitted a MOTION FOR SUMMARY JUDGEMENT using WRITTEN DESCRIPTION as a defense to have the court case ruled in their favor against AMARIN. JUDGE Du ruled against the Generics motion and would not let WRITTEN DESCRIPTION be brought to the trial in any way.
Covington in their post trial briefs to the court, near the end of their filing, again stated to Judge DU that WRITTEN DESCRIPTION should not be allowed to be presented to the APPELLATE COURT, if the GENERICS lost this District Court Case and sought an APPEAL. Judge Du never mentioned this in her final ruling. SHOULD NOT BE ALLOWED, but SINGER MAY ADDRESS IT.
