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Tuesday, April 02, 2013 6:26:38 PM
Application 12/888994 recieved a non final rejection back in October but some new info posted on USPTO today and very informative.
It appears that AMRN hopes to use a metabolite of Lipitor along with EPA to show its benefits against Lipid Hydroperoxides. The metabolite and EPA actually have a better action at driving down LH than Lipitor and EPA together or lipitor and any combination of EPA/DHA or DHA with lipitor. It looks like this could be a big one for AMRN.
It was rejected for a number of reasons (which you can read) but it was a piece of art how the lawyers countered. Basically they went through and disected where each of the studies were different than ours and then came back with a statement that even if these points do not prove prima facie that the fact that a metabolite of Atorvastatin would be expected to actually raise LH more than Atorvastatin by itself since it was shown that only 70% of the metabolite was actively involved. Once again, it looks like unobvious results may carry us forward.
Also, with the study covering Lipitor, Crestor, Metabolite and Simvastatin with Epa, with DHA and with Epa/Dha, it will be very hard for a copy cat to get a patent using any of these Omega 3 FA.
The potential continues to role forward with AMRN:
If we are forced to partnership, each of the major drug companies could create alongside us their own combo tablet to stay competitive with the others. It could even be done as a blister pack with V and their statin separate until combo tab/capsule bio studies approval. We also now have the possibility if this patent moves forward to use this metabolite as our combo tablet (already mentioned as an option in one of the Combo patents). If we can all just hang in there, I truly feel the sky is the limit long term if we are forced to partner.
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