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Meowza

06/21/20 9:51 AM

#281849 RE: ilovetech #281837

Unfortunately, Judge Du already saw fit to extra-judicially tip the appeal scales by echoing generics lead-off argument in media, per marjac's complaint. Hope Singer at least footnotes this.
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marjac

06/21/20 1:40 PM

#281917 RE: ilovetech #281837

In theory, it should work that way, ilt. But my no means is it a guarantee. I agree with Raf's point, that at bare minimum, the Panel will all have the technical knowledge and be well familiar with the entire array of obviousness arguments, and the standards for evaluating those arguments. Despite the technical knowledge, there path ahead is far from guaranteed because there are still biases and philosophies.

Anyone can Google the articles questioning whether the Federal Circuit is fulfilling its mission, by taking an anti-patent stance in too many cases. I think it is fair to say that Amarin should get an objective evaluation from three more knowledgeable judges, but I think it is also fair to say that these judges may not live up to these expectations. The only certainty is the uncertainty.