"The Court thus finds that the satisfaction of long-felt need and commercial success secondary considerations weigh in Plaintiffs’ favor, and the remaining secondary considerations weigh in Defendants’ favor. More specifically, the Court finds that Vascepa is a commercial success even though it has not yet turned a profit, and that there was long felt need for a single pill that reduced TG levels without increasing LDL-C levels."
However Judge Du follows this up with the vague statement that other S.C., proffered by the plaintiffs, weaken the positive S.C., which she has just described...she cites no precedent for this approach of weighing negative S.C. against what she has just mentioned were quite positive S.C.
This approach is so subjective as to render all present and future evaluations of S.C. meaningless.
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