Thanks Cal.
So they are filing a motion that opposes Amarin's motion for partial summary judgement based on the following:
A.The written description requirement is not satisfied unless a POSA would believe based on evidence disclosed in the patent specification that the inventor possessed the claimed invention “as of the filing date.”
B.Amarin’s expert opines that, without clinical data, a POSA would not have found it obvious to use 4 grams per day of purified EPA, and would not have believed that purified EPA achieves the claimed effects.
C.Amarin’s patents disclose no data, and its experts opine that purified EPA was first shown to achieve the claimed effects
after the filing date.
D.There is no requirement for expert testimony on the ultimate issue of written description support, which can be resolved as a matter of law based on testimony by Amarin’s own experts.
So now the judge decides if he grants the motion or not correct? No more back and forth at this point.