InvestorsHub Logo

postes

05/23/20 3:18 PM

#275856 RE: rafunrafun #275854

Raf..more questions than answers...the thought that come back to my mind is her suggesting that newer lawyers be involved in the case by being more oral or something like that...she could have a abdicated her respinsibility to her clerk and that is why it is so sloppy and for some reason glossed over it and signed....and this is the end result.

ORBAPU

05/23/20 3:44 PM

#275861 RE: rafunrafun #275854

IMO, it is an extremely complex matter. Many of us including Covington have been deeply immersed in the details and nuances for years. Things seem simple and obvious to us. I think Covington made a projection error of their deep knowledge onto the court and failed to correctly structure their arguments to an audience that was completely unversed in a topic of highly technical science and medicine. It’s not uncommon for super smart people to take a strategy of demonstrating their brilliance to an audience who is unprepared to understand. The result is failure to make their point. If the audience has the power and money, they’ll likely decide to look elsewhere.

Meowza

05/23/20 4:10 PM

#275868 RE: rafunrafun #275854

It's "fish oil". That's the same reason USPTO, FDA, and I were late to the amrn party. And that's a same reason they didn't go with a jury trial. Could you imagine the deliberations?

"...which is why the patent isn't obvious according to this data table (rotates said data table by 90 degrees) from Kurabayashi"

"But, this is still fish oil though, right?"

marjac

05/23/20 4:27 PM

#275872 RE: rafunrafun #275854

I will continue down the rabbit hole that the "benefits of fish oil" comment solves the mystery. In her mind, Vascepa/icosapent ethyl is nothing more than fish oil, which also in her mind, she can pick up at her local health food store (There is an article online about her being an active runner, so I think she is probably shops at health food stores).

Because it's just fish oil, albeit beneficial fish oil, there is nothing special about it warranting patent protection. Because it's just fish oil, she is not going to let Amarin with their fancy lawyers get a decade of exclusivity selling their fishy oil at an inflated price to consumers and insurance companies.

Because she was "tutored", and "learned" of the "benefits of fish oil", she decided to put the sale of it in the hands of generics, thereby in her mind, performing a great act of social justice making this fish oil available to the masses at a more affordable price, while saving on health care costs. Once she came up with her desired result, she crafted her decision to support her desired result.

A complete violation of her judicial oath, and abdication of her judicial responsibility.