Replies to post #284381 on Amarin Corp Plc (AMRN)

[anfla]

This case does not set legal standard for generics. The. Ast majority of drugs have composition of matter patents that are very strong on obviousness front. And then after that there are usually several very non-obvious methods of use. It just so happens EPA was around forever before Amarin so this was a less common situation.

[eightisenough]

HK-you may be correct that generics want to go for it---since they can afford to lose.

But, I don't think they are relenting to "set real legal precedent with traction in future for the real modus operandi of these vultures."

B/c this case is a bit unique, in which Du based her prima facie case upon the USPTO initially rejecting the patents due to prima facie of obviousness--and only approving later due to sec. cons.

Yet, you might be right that they hope the App. affirm the concept of negating one cons. against another--and affirm considering the sec. cons. only after finding prima facie of obv.

[ilovetech]

HDK, you couldn't have said it any better. I've never understood how anyone could see to succumbing to the Generics ravenous methods of extorting and or attempts to steel the property of innovative, well intentioned, law abiding companies at a terrible cost to society.

Eight's strategy imho, is giving Du a path towards a facto admission of a wrongful ruling. If she needs further convincing, Singer's brief is the best place to turn. She can choose to face the inevitable implications of a reversal. Or, she can get ahead of the inevitable cost to her record. Eight clearly gives her a choice between imfammy or heroism.

ILT