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Re: mc1988 post# 296937

Sunday, 09/06/2020 4:44:36 PM

Sunday, September 06, 2020 4:44:36 PM

Post# of 423968
mc,
I have been pointing out the ApoB omission in multiple prior posts including the one pinned at the top of this board. You are of course, entirely apropos:

There were six patents that were invalidated. If I recall correctly, Kurabayashi was central to the invalidation of the '929 patent that has to do with Apo-B. If there were somehow a way to re-open this issue regarding Kurabayashi and Apo-B, it doesn't matter that we lose the other 5 patents because the Apo-B patent would be sufficient to stall the generics. To me, it was a big oversight on Amarin appeal team and CAFC to treat all 6 patents all the same, when the misinterpretation of Kurabayashi was really critical to the 929 patent invalidation, whereas Mori was relevant only for the other 5 patents.



As to who should have led Judge Du by her nose to the truth, the lawyers will opine...
One thing is sure : to deliberately ignore clear catastrophic factual and scientific error at the level of the CAFC and blow it off cursorily using a bureaucratic exigency is an act of irresponsible cowardice and croneyism that will taint the career records of Reyna Hughes and Dyk, if not their consciences ( assuming they have one)
HK

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