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.
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.
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.