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Meowza

04/05/20 12:53 PM

#262410 RE: indialong #262404

"improper analysis"

There you have it. Du can't do her own job, much less presume to know how a POSA would do theirs.

ilovetech

04/05/20 1:48 PM

#262434 RE: indialong #262404

RAf, I SUGGEST STIKYING POST #262404 not because the analysis hasn't come up, but because it's been deemed to be central to Amarin's best chances of reversal.

ILT

marjac

04/05/20 2:05 PM

#262443 RE: indialong #262404

There you have it. The crystalized core reason why reversal is required. Well done india. I might add that hopefully instead of remanding to Judge Du to re-work her secondary considerations analysis, I hope the Federal Circuit finds that that as a matter of law, there are enough secondary considerations to defeat the 'clear and convincing' burden of proof, and enters judgment in favor of Amarin.

ggwpq

04/05/20 2:15 PM

#262450 RE: indialong #262404

i, great post. Your argument seems not to depend on whether the panel of Judges are for Graham Vs John Deere approach or Prima facie-rebuttal approach.

eightisenough

04/05/20 2:25 PM

#262460 RE: indialong #262404

india--Markman wrote this last week--It's our best chance to win appeal and I am sure mgmt knows this.

rafunrafun

04/05/20 4:35 PM

#262544 RE: indialong #262404

i- are you an attorney / what type of law? Very impressive write up.