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breathofthenightwind

05/17/20 7:00 PM

#274351 RE: Meowza #274325

Meowza, this is everything I said about Mori in the message you referred to:

“Whether Mori creates an expectation that EPA lowers triglycerides without lowering LDL-C in severe hypertriglyceridemia patients seems like a specific factual matter. So the generics should not need to show this by clear and convincing evidence.

Requiring the patients in Mori to have triglycerides greater than 500 mg/dcl before Mori can be considered in an obviousness analysis confuses the patent law concept of anticipation (where a prior art reference must show exactly the same thing as in a patent claim) with obviousness (where a prior art reference need only suggest what is in a patent claim).”

How you find “you stated Mori creates an expectation that EPA lowers LDL” in those two paragraphs is beyond me. Actually, I do think that Mori, TAKEN ALONE, can be read as suggesting that EPA reduces triglycerides without raising LDL-C. But the law requires that Mori not be taken alone, all the prior art must be considered.

I don’t mean to offend you, but I don’t think our conversations are productive. So I will probably not respond if you respond to this message.
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Back2Deuce

05/17/20 7:44 PM

#274356 RE: Meowza #274325

Meowza Quote: “The problem with defendants is they didn't prove any of the prior art made Amarin's patents obvious. The trial opinion is plagued with misrepresentations about each study's conclusions miscast as being Amarin's burden to disprove, rather than defendant's to prove.”

Exactly right and very well stated. Singer did a masterful job highlighting this in the opening brief.