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anfla

07/01/20 2:50 PM

#283984 RE: ggwpq #283965

I think the pathways to victory thing is a bit overstated. All of the pathways merge together in the argument - for Amarin it’s an argument of hindsight that led Du to misconstrue the prior art factually and make the legal errors in assessing secondary considerations and weighing secondary. For generics, the argument is that the prior art is clear and the secondary considerations aren’t strong anyway so there’s no harm.