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Re: HinduKush post# 291755

Tuesday, 08/18/2020 8:32:51 PM

Tuesday, August 18, 2020 8:32:51 PM

Post# of 424602
HK, "flawed statistical analysis of both ket prior art citations by generics neither of which showed any prior art evidence of EPA either lowering LDL or ApoB IN COMPARISON WITH DHA by any accepted statistical method (Bhatt paper etc..)--see my other posts re Mori and Kurabayashi"?

Correct me if I am wrong, I don't remember Singer use statistics to rebut Prima Facie obviousness in his briefs. I hope Singer can use statistical evidence in OA but I am not sure he could do it. Can the following exchange happen in OA:

CAFC panel: Mr. Singer, District Court found that DHA reduce TG but increase LDL-C while EPA reduce TG without increasing LDL-C. That makes Amarin's patent prima facie obvious.

Jon Singer: Your Honor, District Court was wrong because it didn't directly compare DHA Vs EPA's effect on LDL.

CAFC panel: You didn't raise that point at bench trial and on your briefs so it's too late to tell me about that now.

or

CAFC panel: Tell me more, please continue.
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