Oral arguments will never see the light of day. I think JL said it best when he described Amarin's patents to be so clearly nonobviousness "that a baby could see it." However, tactical legal maneuvering, case law massaging, and some showmanship mixed in, can conflate real substance enough to produce improper rulings. The right legal representation should demonstrate the skill and experience to prevent that from happening. Covington failed. I wouldn't discount the notion that Generics were fully aware of Du's inexperience, and took full advantage of her vulnerability. Let's be clear, Singer cleaned up the mess that Convington left behind. But more importantly, he delivered in a way that outclassed Convington. But nonetheless, I've had this nagging feeling, that Amarin's plight was lost in all the legal mambo jumbo. The gravity and extent of the injustice to Amarin just wasn't jumping off the case files pages. Admittedly, I read the two Amicus briefs just two days ago. Specifically, the Aimed Amicus made the Amarin story so vivid and compelling, that IMO, the case could win reversal on this one Amicus alone. Even if we assume, that the Judges won't read the thousands of pages contained in the case files, they will read the briefs sans citations, at minimum. The combination is overwhelming and insurmountable IMO. In fact, besides Amarin winning a reversal, the Generics will have earned the wrath of the court. The Judges will make this a landmark case. Above and beyond interpreting the Wax Hatchman Act as it was intended, the Judges will create a more refined precedent. Their ruling will effectively hamstring all future attempts at stealing IP under the guise of following the law. Unfortunately, we're dead money until the reversal is officially on the books.
ILT
