Replies to post #283877 on Amarin Corp Plc (AMRN)

[IgnoranceIsBliss]

Du claims the PTO didn’t consider Kura. Clearly the PTO did. Kura is the only prior art on ApoB I recall. (And it was NS anyhow...). That claim alone should survive no matter what.

Someone legal explain why not please.

[circuitcity]

Hdg covered a lot on this and he is saying the same thing, we just need to win one patent/one claim.

But FC agreeing Du error on Kura not equal to reversal, could but not guarantee. It means uspto didnot overlook kura, we have three positive s.c. Instead of two, etc. If going with uspto approach (but she is not obliged to I believe) patents should be non-obvious.

[anfla]

It’s not necessarily about which argument is won - it’s about which claims those arguments are determined to save. So if the apoB reduction is found to be non-obvious based on any of those arguments, then the claims that indicate ApoB benefit will be reinstated and save the US market. The generics still infringe on the ApoB related claims. The cyclobenzaprene and secondary consideration arguments are broader arguments that would likely save all claims. But a factual reversal based specifically in kurbayashi factual error would reverse only the one claim set.