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sts...judge Du ruled on two claims by the defendants...

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ziploc_1   Friday, 10/23/20 05:50:36 PM
Re: sts66 post# 306723
Post # of 354761 
sts...judge Du ruled on two claims by the defendants...

1. Inducement of infringement
2. obviousness

-on claim 1. she ruled in favor of Amarin that the use of Vascepa for more than 12 weeks would constitute an infringement on the R-IT label
-on claim 2. she ruled for the defendants on obviousness

The en banc appeal concerns only the finding of obviousness, in which Amarin 's position is that the cropping of the Kura table and the errors in Mori, as outlined by Dr.Bhatt, steered the court in the direction of discounting the secondary considerations because of prima facie evidence...leading to a conclusion of obviousness.



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