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amarininvestor

04/05/20 11:22 AM

#262377 RE: HDGabor #262375

You can argue whether the Kurabayashi is valid considering that EPA was not given monotherapy but in combination with estriol (lipid modifying agent), but I agree that this would require Amarin making a strong case that is unclear to be successful given the district court's decision.

I believe however that the strategy for the appeal will be strongly based on the validity of the secondaries and whether the method the judge used to weight them with each other is appropiate. They way this was done shifted in my mind that burden of proof to Amarin when it should always have been in the generic. The way I understand it now, one successful secondary would have been sufficient to uphold the patent (and we got two of them).

circuitcity

04/05/20 11:24 AM

#262380 RE: HDGabor #262375

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

circuitcity

04/05/20 11:33 AM

#262383 RE: HDGabor #262375

Further on the epa on apoB:

1) Kura kind of (if estriol separated) support reduce apoB with 2g epa

2) marine Not reduce apoB with 2g epa

3) marine 4g reduce apoB

Can we find one or two trial on epa vs apoB to invalidate Kura?