Amarin Corp Plc (AMRN)

[ziploc_1]

From Markman's opinion...."Kurabayashi, on its face, does NOT disclose a reduction in Apo B from administration of pure EPA, which is what the patent claims require."...i. e. the reduction in APO B was NON significant.

This is one of several factual errors made by judge Du in Kura(non significant reduction in APO B) and Mori(wrong population for factual assessment of Marine patent)

The supervisors at the USPTO, who approved the Marine patent, were POSA...judge Du erred when she said that the PTO did NOT examine Kura...This error was important since it formulated her opinion that prima facie evidence pointed to obviousness even before S.C. were dealt with....Then, turning her attention to the S.C....in support of her decision of obviousness, she weighed negative against positive S.C. without prior case law to support this strategy.