A major risk of filing it in Nevada is that a very inexperienced judge could be assigned and that judge could easily be hoodwinked by Generics, will not understand basic statistics and will treat Vascepa simply as "fish oil" - Venue matters.
Oh that actually happened? Sure did.
Du has never presided over a patent trial before (because so few patent cases get tried in Nevada). Generics had a field day with table-cropping, misrepresenting statistics and lying about the previous USPTO decisions due to Du's lack of experience (at best) and they got away with it - Venue matters.
That is why trying this case in a jurisdiction where judges are experienced in patent law and/or biopharmacy, matters a lot.
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