HDG, according to Graham v. John Deere four factors:
(1) the scope and content of the prior art; (2) the differences between the prior art and the patent claims; (3) the level of ordinary skill; and (4) secondary considerations
Regarding factor number 2, differences between the prior art and the patent claims, prior arts in this case are all HTG or average TG while patent claims are VHTG. Since the MARINE patents are assumed valid going into Du's trial, the defendants need to explain why the HTG and VHTG effect on LDL-C should be the same between the two groups in order to satisfy Graham number 2. Based on what you read in Du's bench order, did the defendants accomplish that?
TIA.