Obviousness is subjective only using Judge Du's gimped prima facie analysis. The original Graham test also includes o b j e c t i v e indicia in the first pass.
Why was Judge Du apprehensive about taking Amarin's patents objectively, I wonder.
This is why I was so surprised to see no amicus briefs from BP. I thought they would have a vested interest in making sure generics don't establish a precedent beachhead like this case.
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