Amarin Corp Plc (AMRN)

[sts66]

(Declaration of Invalidity of the ’861 Patent)

Healthnet tried to get the ’537 Patent, the ’077 Patent, and the ’861 Patent invalidated - those are R-IT patents - this makes them sound desperate. But from AMRN's response:

48. Health Net is entitled to a judicial declaration that the claims of the ’861 Patent
are invalid for failure to meet one or more of the requirements for patentability of Title 35 of the
United States Code, including 35 U.S.C. §§ 101, 102, 103, 112, and/or other judicially-created
bases for invalidation and unenforceability.

ANSWER: Denied.

What if the judge doesn't agree? Could we end up with this case devolving into AMRN having to defend those R-IT patents and prove they're valid, opening us up to a Du-type decision? So far I can't tell - Healthnet hasn't provided rationale for why those patents are invalid, although it may be too early for that to occur - I'm talking about what happened in the MARINE case where Hikma used Mori and Kura to invalidate patents - that originally came up in depositions, then again in the actual trial.