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MontanaState83

06/27/20 9:45 PM

#283324 RE: Bouf #283310

Bouf- sure hope you are right. While there may have been a smidgen of evidence to support Du’s findings, there are mountains that refute them

Meowza

06/27/20 10:23 PM

#283332 RE: Bouf #283310

"Probably enough to meet a preponderance of evidence standard"--no. Too many findings rely on speculation and reasoning by leaps.

Judge Du's inferred 500 mg/dL Patient X "reads on obvious subject matter" is one such example, and I'm glad a Singer footnote calls her out on this.

It being "obvious to try EPA vice DHA to determine which caused the LDL increase" is another hindsight sleight of hand Singer calls out in his reply. Every known therapy had the same effect. Judge Du and generics nonetheless suppose an EPA/DHA XOR choice were self-evident.

Singer started his first brief noting Vascepa is the first and still only drug to do what it does. Long felt need and failure of others should alone carry preponderance of evidence for non-obviousness. It serves the whole point of patents, inventing improvements to people's lives. Generics and Judge Du are acting as if Amarin were patent trolling supplements out of the vitamin isle.

Hand-waving over all the evidence supporting generics at this point is mentally smudgy bullstuff. Any affirmation by pro-generic judges will rely on intellectually dishonest re-interpretation of precedent and evidence, as did Judge Du.