Replies to post #261741 on Amarin Corp Plc (AMRN)

[bidmark]

DC? You realize that the 9th Circuit is on the west coast?

[ilovetech]

RAF, PLEASE LETS STICKY JL'S POST #261741...

-I agree with you, anyone is welcome, who's meticulous and super organized to make a project out of the boards findings these past few days.

We can always highlight the top two which we believe deals the final blow. This trial may be unprecedented for the shear number of headscratching questions it raises, that it merits assembling a sweeping montage of the best of them.

ILT

[MateoPaisa]

I always wonder in cases like this how the patent judge, who is not a doctor or even a biologist, can ever even grasp the depths of knowledge she has to have simply to have the capacity to competently adjudicate this case.

JL always goes on about things that are not obvious on any level because they come from his lifetime of medical learning and knowledge. How is the judge supposed to understand how EPA lowers SI and that it is the SI that makes life-saving changes in the body... and not simple lowering of trigs?

Are any of the appeals judged MDs?

[MontanaState83]

JL - FWIW, any input you could provide Covington might be beneficial. For my money, you know more about the science/technicals than anyone.

[beachboat983]

JL- yes the harvard expert said that, but DLA Piper is saying something different --

Several recent Federal Circuit decisions, however, have adopted a different approach, under which the court considers only the first three Graham factors to determine whether the patent challenger has made a prima facie showing of obviousness. Only after making a prima facie determination will the court consider rebuttal evidence on secondary considerations to determine whether it overcomes the prima facie case. The prima facie framework has become so common that two lines of cases are developing in both district courts and the Federal Circuit: the traditional Graham approach and the prima facie – rebuttal approach. This split of authority has been pointed out by Federal Circuit Judges Pauline Newman and Jimmie V. Reyna, both of whom have issued dissenting opinions highly critical of the prima facie obviousness framework. The disagreement among Federal Circuit judges should be resolved by the en banc court or the Supreme Court. In the meantime, the prima facie obviousness framework continues to be employed by many Federal Circuit panels and district courts. Practitioners should be prepared to address both the traditional Graham v. John Deere approach and the prima facie – rebuttal approach at trial and on appeal.

https://www.dlapiper.com/en/us/insights/publications/2018/12/federal-circuit-judges-disagree/

I'm not a lawyer but I believe the Harvard Law prof..Said no prima facie. could even be mentioned..Compared Du's inappropriate use of prima facie to "Assault with a deadly weapon" as far as procedure is concerned..

[Markipeach]

Doesnt matter- they won we lost! Sell the company to someone who can introduce V to the world!!!!