Replies to post #287635 on Amarin Corp Plc (AMRN)

[HinduKush]

Is there case law stating how SCs are to be treated? If no, then the question is moot. If yes, then the question has no significance since Singer would be tasked with making it clear the decision should be overturned on the grounds the court made a decision contrary to well established case law

There is ample case law showing how secondary considerations of obviousness modify the prima facie case for obviousness, either in a positive or negative way. BUT there is NO case law showing that there is ever a situation where they are weighted against each other in importance, or for detrmination of obviousness..they serve as warnings against presumption of obviousness. You are driving down a highway at 100 mph, the radio tells you it is slippery out there to slow down (prima facie obvious case to slow down) but everyone else seem to be at 100 mph also and you ignore the prima facie obviousness signal. Then you see the following secondary considerations for the obviousness case to slow down in this order: wrecked cars that have slid off the road, a warning highway sign that flashes slow down, fresh slid marks on the road, and finally a policeman waving traffic down that speed....which secondary consideration will you weigh against each other? Or will you take all teh factors together in consideration and even if prima facie appears to be dismissable will you dismiss any of the other warning signs at peril of death?
HK