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MontanaState83

05/10/20 10:55 AM

#272571 RE: HDGabor #272568

HDG - Really appreciate the response. I’m getting deeper in debt to you:)

ilovetech

05/10/20 11:02 AM

#272572 RE: HDGabor #272568

HDG, You're entire anlysis proves

othersideofthemirror

05/10/20 11:04 AM

#272574 RE: HDGabor #272568

thanks HD for all your posts. really revealing that Judge Du referred to secondary considerations in a parenthetical and imo a huge tell:

"in view of all four Graham factors (including alleged secondary considerations)"

Meowza

05/10/20 11:05 AM

#272575 RE: HDGabor #272568

Awesome analysis HDG.

Side note: I wish legal system would stop calling them "secondary consids" and start calling them "objective indicia". The current term is ambiguous and invites outcomes like ours.

ilovetech

05/10/20 11:54 AM

#272581 RE: HDGabor #272568

HDG, your entire analysis is quantitatively objective. I don't see a pathway for Generics within the context of a competent courtroom, to tease out anything remotely arguable, from any of those you've listed and defined based in law. If I'm not mistaken, Singer won a case in 2017, where he promoted taking an "entirety" approach and not a "cherry picked" approach to evaluating obviousness.

As far as I'm concerned, the stars are aligned. BO negotiations must be ongoing. BPs expect there will always be infringement and patent challenges. This won't be the first, second, or last.

** Amarin's litigation experience has been a boon for BPs. BP's could not "buy" a richer source of information to use, in order to evaluate the strength/weaknesses of Amarin's patents.

I expect feverish BO rumors, talks.. etc happening in Q3, either an announcent of the BO in Q3 or latest Q4. So BP can hit the ground running in 1/2021.


ILT


Restingzebra

05/11/20 12:15 PM

#272743 RE: HDGabor #272568

Nicely done. As always. Many thanks.