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Markman tries very hard to be even handed,

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ziploc_1   Sunday, 06/28/20 08:25:00 PM
Re: None
Post # of 300283 
Markman tries very hard to be even handed, but he does say this...

"The generics’ brief does not cite to any caselaw or other authority to firmly justify Judge Du’s “weighing” of the secondary considerations against each other...

Accordingly, this is likely one of the weakest parts of Judge Du’s Bench Order, and at this point, most likely the strongest chance Amarin has for reversal."

With all the other errors in this case, this will be the most difficult for the Generics to refute...I believe the appeals panel will avoid making new case law on the weighing of secondary considerations against each other...as a regular part of the court's procedure for reviewing them.



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