Wednesday, July 01, 2020 3:17:30 PM
Pretty sad state of affairs. The generics are many cents short of a dollar short on why Du upended the established precedential judicial process for establishing obviousness, clearly laid down by the Supreme Court after Graham vs Deere. So, the next best thing they can do is to say everything is prima facie clearly obvious-Judge Du said so, our expert Heinecke corroborated, Covington produced Toth and Budoff and still Judge Du agreed with us--you should therefore not reverse...Then, Genreics continue with the smoke and mirrors game by saying weighing and discounting of secondary objective indicia doesn't matter (evem it fails the legal smell test) because Judge du says in the end, it was all so "overwhelmingly obvious" that EPA lowers LDL in TG <=500 and so by extension Tg=500, and so also by very long extension TG>=500-1500mg/dl,thereby invalidating the 728 patent amongst others--Oh and by the way, here is a few more reasons we cooked up to affirm, in case all of this tedious detail is too much for you, and you would rather not rock Du's boat.
HK
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