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johnking29

04/04/20 6:24 PM

#262104 RE: beachboat983 #262094

I heard the Harvard Attorney on the call and saw the 2nd article challenging his view. I emailed the Harvard Attorney (Jacob) asking for his opinion on the 2nd article.

He surprisingly replied saying his position he made on the call is a 100% solid argument that won't change YET he repeated that he believes our success of an Appeal wholly depends on the 3 Judges we get... He said the 2nd article basically says the very same. He said there is a 50/50 split amongst the Judges on how they will decide this case. Some in our favor and others staying with Du's decision.
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amarininvestor

04/04/20 6:38 PM

#262119 RE: beachboat983 #262094

IN my opinion, I believe it is irrelevant whether they use the prima facie method or the correct method (all together). Once the secondary considerations are considered even if they are subsequent to looking at the prima facie first, Amarin has demonstrated that using EPA met two of the considerations (including commercial success). That in my mind should be sufficient maintain the patents

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sts66

04/05/20 1:34 PM

#262428 RE: beachboat983 #262094

I don't understand how the appeals court can use the prima facie method after the SCOTUS established precedence in the Graham vs. John Deere case saying prima facie should not be used - they're basically thumbing their noses at the ultimate legal authority - WTF?