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amarininvestor

04/08/20 12:56 PM

#263939 RE: sts66 #263935

There is no clarity on whether this could be brought up or not on appeal. From my perspective (not a lawyer), there is not reason why you could not. During appeal you only need to say something like:

respectfully we believe that judge conclusions that a significant differential effects reported between the EPA and control groups, a POSA would have attributed the reduction in Apo B to EPA is incorrect according to the evidence submitted [reference to paper as part of the evidence that was submitted during trial] that clearly states as a conclusion that the apolipoprotein B level in the eicosapentaenoic acid group was significantly lower at week 48 compared with the baseline level, but there was no significant difference between the groups. therefore it is not correct to state that there are intergroup differences and a POSA would not conclude otherwise



....no need to mention cropped table-3 at all
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Meowza

04/08/20 1:03 PM

#263941 RE: sts66 #263935

Didn't Amarin categorically assert Kurabayashi never stated that EPA reduced ApoB? That remains accurate, and related patents remain valid for being nonobvious.