Amarin Corp Plc (AMRN)

[Biobillionair]

The quote goes on to say,

This argument also presents a clear path to reversal that does not require the Court to delve into the scientifically thorny question of “two patient populations” versus the number 500. The pathway is this: by weighing the secondary considerations against one another, Judge Du erroneously discounted the evidence of secondary considerations found in favor of non-obviousness (namely, commercial success and long-felt need.) If those secondary considerations had not been discounted, then they would have weighed more heavily in favor of non-obviousness. And that alone may justify the finding that the generics failed to satisfy their clear-and-convincing evidence burden. It will be very interesting to see if the Judges pursue this line of questioning during the oral argument.

BB