Amarin Corp Plc (AMRN)

[Bouf]

R—

Your hypo involves objective facts and proof of perjury regarding the facts. No experts involved because the question is not a matter of opinion.

Obviousness is not an objective fact, it a subjective legal judgment as to what a POSA would have learned from the prior art. The new experts are brought in here to provide a new interpretation of the prior art that was not presented at trial, but could have been presented. AMRN could have presented these experts at trial.

The best argument under R60 is the cropped table, but again, AMRN could have pointed out that Hikma submitted a cropped version of the table in post-trial filings, but it did not. Still I think the Court will be mad at Hikma for this move, even though the full table was in evidence from the trial. The question in my mind is whether this piece of evidence alone, if thrown out, will change the result.

A