InvestorsHub Logo
Followers 122
Posts 17458
Boards Moderated 0
Alias Born 01/06/2014

Re: None

Friday, 06/19/2020 9:20:25 AM

Friday, June 19, 2020 9:20:25 AM

Post# of 426537
Here is an email that I received from an expert, who wishes to remain anonymous:

"The generic's inability to provide any case law/precedent for the "weighing test" of secondary considerations in their reply was really telling/positive for Amarin I thought. Instead of defending it, they provided a total half-ass attempt to say that she didn't do it... which clearly falls flat when you read her ruling. So feel pretty good about appeals court digging into that issue, as it seems like a major legal f*ck up.

Also a non-zero chance that unexpected benefits flip into our favor given her clear error on Kurabayashi/Patent Examiner.

Then some chance of singer making inroads with Cyclobenz argument depending on composition of panel.

And some small chance of inroads attacking prima facie case given how sh*tty MORI interpretation was.

But overall- I think meat of appeal, and best chances for reversal, are around the procedural "weighing" test leading to the wrong conclusion with regards to secondary consideration."
Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent AMRN News