Amarin Corp Plc (AMRN)

[alm2]

Biobill... if whole court hears this en banc we won’t need the amicus (not that it does not tell it exactly as it is ) the whole court in an end banc would find it impossible not to follow the Graham 4 route and make it clear that the prima facile route is plain wrong - because it reverses burden and devalues secondaries - the FC would have to go this way because if they don’t the Supreme Court would be hearing this on appeal and they would uphold their own Graham precedent

The risk here is there is no en banc because the FC judges will see that as a way out of avoiding dealing with this patent shambles - just as the 3 FC judges did in the Du Dc appeal - they did not want to get into it .... didn’t even read the material and just ducked under dick Dyke who was quite prepared to mouth off and throw his FC weight about just after he had been reversed on his DC decision for which he “did more wrong than he did right” as to his decision
En banc would be a miracle come true ... but it got more likely as a possibility with the GsK / TEVA case where Newman had a chance to dig her teeth into sorting part at least of the patent shambles that is the USA - and every day that passes hope will rise for En banc
Alm