Support: 888-992-3836
Copyright © 2023 InvestorsHub Inc.
Replies to post #237646 on Amarin Corp Plc (AMRN)
HDGabor
12/29/19 3:28 PM
#237680 RE: MontanaState83 #237646
The parties (including AMRN) agree this was incorrect?
- “The patent examiner, in response to Amarin’s patent applications, initially found that the prior art rendered all of the claims obvious, and thus unpatentable” - “The examiner allowed the patents to issue solely because Amarin “was able to overcome the 103 obviousness rejection” by alleging that the claimed invention has “unexpected results” and satisfies a “long unmet medical need.” Id. These are “secondary considerations,” - “The examiner did not change his mind about the prior art until Amarin submitted a declaration by Dr. Lavin opining that “not even one patient in the [Hayashi] study would be expected to have a TG level of 450 mg/dl or higher.” - “It is now beyond dispute that this was a mistaken reading of the prior art. At his deposition, Dr. Lavin admitted that [SEALED] - “examiner accepted as true Dr. Lavin’s opinion that the prior art did not teach administering purified EPA to patients with triglycerides of at least 500 mg/dL, which the parties now agree was incorrect” - ““a strong showing of obviousness may stand even in the face of considerable evidence of secondary considerations.” - “Defendants only seek to show that the asserted patents were issued based on factual mistakes about the prior art”