Amarin Corp Plc (AMRN)

[HinduKush]

Two summary excerpts from the District Court’s bench order:

(1)As explained above as to Defendants’ prima facie obviousness case, Mori found that EPA did not raise LDL-C levels, and Kurabayashi suggested that EPA reduced Apo B levels. (ECF No. 373 at 76-80, 246-47.)
(2)Further, while the Patent Office found that a decrease in Apo B was an unexpected benefit constituting a valid secondary consideration, the Patent Office’s examiner did not consider Kurabayashi. (Id. at 246-47.) Where “the PTO did not have all material facts before it, considered judgment may lose significant force” See i4i, 564 U.S. at “Thus, the Court finds that the unexpected benefits secondary consideration does not weigh in favor of finding the Asserted Claims nonobvious.”

Kurabayshi is critical to the determination of Vascepa patent justification (lowering ApoB without raising LDL in TG>500)