Du took a easy way approach in her ruling, Peggy uspto and found “overlook” on Kura trial, and uspto should hold accountability.
Two arguments going forward
- can we tear aprt Kura because Epa was used along with estriol, judge just conclude the apoB reduction was from epa alone, is it a reasonable assumption?
- using marine trial itself as prior art? 2g epa did not reduce apoB, contradict Kura, but 4g did