Amarin Corp Plc (AMRN)

[alm2]

Marjac
I agree that Du could have righted the position when Epadi brought Rule 24 / 60 before her

Forgive me but you I think misunderstand me and the point I was getting at

She (rightly or wrongly) was of the view that Posa did not consider K

Why did she reach that view ??

did the generics either through lawyers or expert persuade her that K was not considered by PoSa ?


She was not saying - “Posa considered K but reached an incorrect conclusion as to K and because I have considered K and I reach a completely different view “ I rule patents obvious

She was saying “posa did not consider K but I have considered K - if Posa had considered K he would - as I now do have considered patents obvious and not granted patents - I therefore rule patents invalid as obvious “

The Posa should have considered K - it was available at the time for consideration

She was saying he didn’t consider it

If she was saying Posa DID consider K she would have to ruled in effect that POSA got his consideration of K wrong

So it is important to understand why she reached the View K was not considered by PoSA

Did generics deliberately lead her to this conclusion that K not considered by POSA

Was doing so part of their plan ?

I say she was doing her job properly in this context -

If POSA did not consider k in granting patents she is right to say POSA should have .... and she said POSA did not consider K


But it was referenced by Posa. - somehow she was persuaded it was not considered

Is posa reference enough to demonstrate it was “considered” by POSa

Alm