Amarin Corp Plc (AMRN)

[RealFooFighters]

Reyna had the following quote in a dissenting opinion in a previous case:

Quote:
For too long, this court has turned a blind eye to what I consider to be a grave concern: the application of a prima facie test that necessarily achieves a legal determination of obviousness prior to full and fair consideration of evidence of objective indicia of non-obviousness.

[Objective indicia of non-obviousness are often referred to as “secondary considerations.” See, e.g., Graham v. John Deere Co., 383 U.S. 1, 17 (1966). I prefer to use 2 INTERCONTINENTAL GREAT BRANDS v. KELLOGG N. AM. CO.]

There should be NO prima facie rule or test in the obviousness inquiry. Stated differently, the burden of persuasion should not shift from the challenger to the patent holder after a legal determination of obviousness has already been made.