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HDGabor

01/14/20 7:56 PM

#241123 RE: Relic #241119

R-

I saw someone who made a good example. If company A had exclusive right to sell beer for $10 at Super Bowl but company b said they want to sell beer to wash ur hands for $5 it will be misused by the majority of people more than 99%

No, that was a totally wrong example.

a doctor would use there knowledge to advise the patient there is a cheaper way which would in turn cause infringement

The case is about the MARINE label (and treatment), REDUCE-IT is part of the trial as secondary consideration (obviousness).
(Someone[s] said that generics filed ANDAs in 2016 (first time in 2014) because R-IT will be success full and they would like to sell into it … but it is a nonsense ….)

Generic do not wan to label "wash ue hand" they would like to label "drink it" …. Their argument that the label (that is "exactly" the same as Vascepa has before 12/13/2019 and w/o treatment duration) does not encourage the patented treatment (treatment longer than 12 weeks).

The Judge will decide (top of obviousness) about: if a doctor read the label, (s)he will conclude that the treatment should be longer than 12 weeks or do not. The doctor could prescribe it for > 12 weeks for "any" reason …. Is the label (one of) the reason?

Best,
G