Amarin Corp Plc (AMRN)

[HDGabor]

H-

Du removed the ApoB argument summarily in her judgement, using the Kurabayashi data which she misinterpreted and was in clear egregious error statistically and scientifically by any standard. It was a clear and erroneous error if not legally then scientifically. However, practically speaking the best approach now may be to show the CAFC that egregious and unwarranted legal process error occurred in determining obviousness definitely occurred (vis a vis weighing objective indicia etc..)

Agree. Du made (at least) two, clearly enormous legal errors:

1.) Instead of deference to the USPTO factual determination regarding unexpected benefit she "vacated" it based on wrong "assumption" (Kurabayashi was not considered by the USPTO)

2.) Used the non-existing SCs (as "proof" of obviousness) instead of "ignore" (do not consider in any way).

Best,
G