Amarin Corp Plc (AMRN)

[othersideofthemirror]

If anyone is interested, links to 2011-1223 NOVO NORDISK V. CARACO PHARMA

Before NEWMAN, DYK, and PROST, Circuit Judges.
Opinion for the court filed by Circuit Judge PROST. Opinion concurring in part and dissenting in part filed by
Circuit Judge NEWMAN.

pdf
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/11-1223.Opinion.6-14-2013.1.PDF

OA
http://www.cafc.uscourts.gov/oral-argument-recordings?title=&field_case_number_value=11-1223&field_date_value2%5Bvalue%5D%5Bdate%5D=

select quotes

In Cyclobenzaprine, we reversed and vacated a district court decision where the court reached its ultimate
conclusion on obviousness based solely upon the prima
facie evidence. Id. at 1075 (the prematurity of the district
court’s obviousness conclusion was apparent because “t
was not until after the district court found the asserted
claims obvious that it proceeded to analyze the objective
considerations”). In so doing, we reaffirmed our longstanding precedent that it is error to find a claim
obvious “before . . . consider[ing] the objective considerations,” or to shift the burden of persuasion to the patentee
at any point during its obviousness analysis. Id. at 1075.

Rather, as long as the court reserved its ultimate conclusion on
validity until after it considered the evidence from both
sides, this language simply reflects the court’s shift of the
burden of production once the court determined that the
challenger has established a prima facie case of obviousness.