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Re: None

Wednesday, 07/01/2020 11:32:13 AM

Wednesday, July 01, 2020 11:32:13 AM

Post# of 424150
Instead of looking at Amarin's possible paths to victory, I think it is easier to look at how H&R could win. Assuming Markman is correct, i.e., low chance for Alternate Ground for Affirmance, I can only see two paths for generic to win:

1) CAFC agrees that weighing of SCs is wrong but "commercial success" and "unmet need" still cannot overcome obviousness (that's why we might need Kura)

2) CAFC agrees that weighing of SCs is wrong but it strike down commercial success (due to off-label contributions) as positive SC hence cannot overcome obviousness

I am not saying that should be the ruling but just try to brainstorm the board.
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