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Re: oneragman post# 294021

Monday, 08/31/2020 6:59:05 PM

Monday, August 31, 2020 6:59:05 PM

Post# of 424527
Oman—

We will get an opinion in this case no doubt, especially if it is a reversal. It’s much harder for an appellate court to reverse than affirm. Either way there will be an opinion as this case gives the court a great opportunity to clarify the rules on obviousness analysis. They must explain why the trial court got it wrong if the vote is to reverse, and, if the decision goes the other way, they must also explain why the decision could be upheld given the issues raised by the trial court’s unprecedented analysis of secondary considerations, and the analysis of the so called prima favor case of the generics.

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