Marjac, Thanks again. If it turns out that is all they've got. I find it hard to believe that no matter how ideological the judges might be, overlooking this many errors would be difficult. I look forward to hearing your opinion when the defense brief is posted. Sleven,
marjac, generics would most likely echo what Markman said, "based on how the district court drafted its opinion, it is not necessarily clear that the Judge Du did not weigh the evidence of secondary considerations collectively with the first three Graham factors. Judge Du concluded the court’s opinion by stating that, “[f]or all the reasons discussed above, in view of all four Graham factors (including alleged secondary considerations), Defendants have proven by clear and convincing evidence that all Asserted Claims are invalid as obvious under 35 U.S.C.§ 103.” (Bench Order at 69). In addition, a close reading of Judge Du’s analysis of whether a prima facie case exists shows that the court did consider certain unexpected benefits (namely, no increase of LDL-C) in that prima facie analysis. (See Bench Order at 59-60). Put another way, the generics are likely to argue that, regardless of the correct method that applies, Judge Du satisfied it."
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