Amarin Corp Plc (AMRN)

[north40000]

I listened to the first oral argument this morning. Broadly speaking, the questions covered claim construction and statutory subject, topics judges could grapple with.


Should the claims be interpreted in a manner to encompass only an idea that was not enabled by the specification description(the 35 USC 101,112 question), or do the claims adequately describe a system whereby the subject matter claimed can be carried following the instructions in the specification?

All 3 judges posed many questions to both sides for an hour, ignoring time limits and order of arguments—it amounted to a long conversation with questions/answers from 3 judges and 2 attorneys.

All worn out, 2 judges sat back and mostly listened to Singer respond to Judge Dyk’s questions by citing portions of the record and briefs that he said supported his disagreement with the position the judge had taken. No questions posed to the attorney for defendants who cleverly sat down before his time was up.

The Amarin case will be decided on the record and briefs before the Court. I cannot say that either the plaintiffs or defendants clearly won.