Replies to post #291558 on Amarin Corp Plc (AMRN)

[rafunrafun]

The manner in the way the Amarin appeal played out.
1. Judge Du starts with the Prima Facie evidence, which in her opinion, indicates obviousness....(never mind the errors in Mori and Kura)
2. Then she weighs the negative vs. the positive Secondary Indicia...(never mind that, in her decision, she affirms that the positives, are stronger than the negative)
3. then she says that Amarin has not proven by clear and convincing evidence that the prima facie evidence, on which the USPTO granted the patent, was wrong....(never mind that the burden of proof should lie with the the Generics, not with Amarin.

Sounds like work of a recently graduated law student.. oh wait, she has those.

[ggwpq]

Zip, elaborate on your point number 1. Du's exact word:

"As an initial matter, the Court is persuaded that defendants presented clear and convincing evidence at trial that all Asserted Claims are invalid as obvious."

I don't know how it can be claimed as clear and convincing without also looking into SCs which as a result were strictly used as rebuttal evidence. Such rebuttal shifted the burden immediately to the plaintiff who were not only forced to bear the burden of production but also the burden of persuasion due to the fact that Judge Du weighted the SCs against each other.