Amarin Corp Plc (AMRN)

[alm2]

8 - Marjac

8 - Du - I agree courts are v reluctant to criticise their own - and making out Du to have her own agenda is wildly dangerous

As I see it the FC can simply be told the story of what happened

Du heard the case
She announced that POSA did not consider Kura(she is probably quite wrong as K
was referenced)
She did consider Kura
She reached view that POSA would not have granted patents if had considered Kura as would have assessed patents as obvious (based on her mistaken understanding of KuRa)
She rectified the position by applying her understanding of Kura and thus finding patents obvious
But she was misled by fraud at worst / mistake at best into the completely false view of KuRa (generic expert evidence and cropped table -Epadi expert Jarvis makes this plain )

The reality is PoSA got it right

And Du was misled into getting it wrong - not her fault

Du also relied on Mori - again she was unaware of statistical incorrectness of Mori - not her fault

We don’t have to blame Du as to the patent trial
We do have to assert that she got it wrong as to Rule 24

Alm