Generics brief legal “logic” on Hayashi :
1. There must have been ONE patient in Hayashi with TG> 500 mg/dl
2. This study was for the most part < 500 mg/dl. We contend that POSA 2008 expected on the basis of Mori and Kurabayashi that EPA reduces or does not elevate LDL in this < 500mg/dl population.
3. 200-500 mg/dl TG is still < = 500mg/dl. Ergo, If 2 is true, then a single patient at 500mg/dl would also have been expected to not elevate LDL with EPA. Which means that what we say about LDL being not expected to go up with EPA holds true for any range that starts or ends at the value 500 - either plus or minus e.g 150-500, 500-1500 mg/dl or 500- 100,000,000 mg/dl, because 500 is 500 is 500 plus or 500 minus. Q. E. D.
This works apparently in the legal system!
Ok so
1. I have run a 5K last year in Las Vegas and my wife barely dragged my sorry ass over the finishing line.
2. Many people run the 5K then the 10K then the full marathon on consecutive days and have done so for many years before I arrived on the scene of competitive running.
3. Given that I can put one foot in front of the other to complete a 5K, and since a 5 K is encompassed in completing a 10K I should be able to do a 10 K, and since a 10 K is no different likewise from a marathon it follows I should have every expectation of running all 3 races and not end up being coded at the finish line... Based on the prior art and my prima facie obviousness evaluation and after weighing and discounting all secondary objective indicia from my wife who points out skeptically that a man who could not tie his shoe laces yesterday without losing his breath.. and despite the long felt unmet need for regular exercise training and despite the commercial failure in obtaining industrial sponsorship for my running career; I will now bench order that the prima facie evidence of prior art is that its overwhelmingly obvious I could do all three races and should forthwith enroll for all 3 (notwithstanding the lack of insurance coverage for suicide)....
