Replies to post #280454 on Amarin Corp Plc (AMRN)

[Whalatane]

Hamoa. thx. Kiwi

[IgnoranceIsBliss]

No doubt Hamoa -- it you simply shift the facts of our case into the logic of Cyclobenzaprine, you get a reversal.

The logic is almost identical. (The appellant IS identical :-))

[sstyles]

Thanks. Now we just need the right judges.

Look who presided over this case: "Before NEWMAN, O'MALLEY, and REYNA..."

This is all about the judges. If we get the same panel we should be golden. We need Newman.

[Bill B]

That was an exceptionally favorable panel with two of the top three judges and all three in the top 6 according to a list posted here a few weeks ago.

[oneragman]

Hamoa, Thanks...clearly parallel to Amarin. I have a couple of questions that will help me get a clear picture of the way the case is broken down. So 3 judges are likely to be assigned to the case.
1) Exactly what are they reviewing? Obviously they read the appeal briefs and the judges written decision, but do they read/review all the transcripts and exhibits, which are quite extensive, as well?
2) I am assuming that it is the law clerks that do the bulk of the review, which may be wrong. I am assuming each judge has a number of clerks. Does 1 clerk for each judge review the documents for a particular case or do all the clerks for a particular judge review all the documents of each case? I ask this because you could have different clerks for the same judge see it differently, so I am curious since some are concerned about which judges we get, should we be concerned about which clerks review the documents?
3) Assuming the worse and we lose the appeal, does this give Singer ammunition in an appeal to the SC where he points to different verdicts in almost identical cases? Cases not from different circuits, but from the same circuit.
Thanks for any comment.

[MontanaState83]

Hamoa - “clear and convincing evidence” jumps out to me again. To me, none of the “prior art” (Mori, Hayashi, Kubaya..) rises to that standard owing to TG levels.

[Biobillionair]

Thank you Ham! Does anyone know the timing of cyclobenzaprine case? Did it go to oral arguments? Thanks again Ham!

Everyone should read this:

We reverse and vacate the district court's judgment of invalidity because the district court erred when it declared the patents in suit invalid as obvious. Specifically, by failing to consider the lack of a known pharmacokinetic/pharmacodynamic relationship for the claimed drug formulation, the trial court erred when it assessed the importance of the teachings of the prior art to the obviousness analysis.

And it’s easy to see how the court could substitute pharmacokinetics relationship with Amarin’s Mori.....

Looking forward to your opinions on today’s filing.

BB

[Hondo1021]

Thanks Hamoa. This is insightful. Although at some level, we're all just watching a football game. The kicker needs to make this field goal for us to win. He's made them in similar situations, he seems healthy and motivated... but it's one kick. fingers crossed.