Replies to post #292593 on Amarin Corp Plc (AMRN)

[ziploc_1]

isaeed....Thank you for this extensive summary of errors at the District Court

[MontanaState83]

Isaeed - well done! Very thorough and complete. Now let’s pray for equally thorough, intelligent, honest judges

[dukesking]

Isaeed
Great summary of our case. I feel much better after reading this. Our case seems so ripe for reversal. Let’s hope the Judges see it the same.

[Jasbg]

isaeed@ Impressive input - regarding Amarin CAFC Appeal - Thanks.
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We seem to have on more Legal trained mind here ?

Jasbg

[Pharmacydude]

Thanks isaeed, great summary!

[Meowza]

Very high quality post and summary, thanks!!

[Bluensleepy]

Spot on!

[ilovetech]

isaeed, great summary! HDG would have to be a magician to find a precedent obviousness ruling, which shares as many factual and legal errors. As I've said many times, consider who the litigants are. The assualt on a small one drug company just four years into patents it won on the brink of bankruptcy. We have two "powerful" Amicuses. Are we to believe that veteran FC Judge's would fail to see what reasonable intellectual minds have uncovered?

IMO, what says it best: In June, when that hedge fund someone shared here, increased it's Amarin shares by 7000%. It's not because they'd listen to someone like Dmiller LMAO!

ILT

[studythosestocks]

Excellent work. Thanks for your time on this.

[marjac]

Spectacular write-up isaeed! Is this a true copy of Singer's actual oral argument outline?

[alm2]

Send to singer
Alm

[HinduKush]

Great work Isa,

1. Prior to Vascepa, TG viz-a-viz LDL-C mechanism was known to works differently in different POPs i.e. different in Below 500 and above 500mg/DL not clearly understood. It was not about ART, it was about Mechanism of action of reducing the Very high TGs that always resulted in LDL-C going up
2. All prior art treatment, prior to Vascepa, in >= 500 mg/DL resulted LDL-C going up significantly
3. No prior art exists for treatments >=500 mg/DL that resulted in LDL-C going down
4. The known ART: Mori taught EPA 4g resulted in LDL-C going down for patients with TGs <=500mg/DL that was later confirmed with Epadel, Niacins, Fibrates and Lovaza etc.
5. The known art, Mori, never resulted in POSA pursuing EPA 4g treatment since all prior art MOA showed LDL-C going up above 500mg/DL treatments. E.g. Lovaza

You have summarise the miserable efforts of Du and the disingenuous deception of Heineke.
I could add only that the USPTO when it granted the specific MARINE patents granted them for not just for TG>500mg/dl and LDL lowering but specifically beacuse of the ApoB lowering demonstrated by the MARINE trial at the 4g dose.
Whether "reasonable" logic will prevail is anyone's guess in this latest play out of the H-W law shenanigans.
HK

[ggwpq]

Great summary. I also want to point out that Dr. Henecke's statement of "somewhere above 500 mg/dL the system for clearing trig jams up" is a tacit admission of 2-patient population. However for CAFC panel who won't believe in the argument of 2-patient population, the fact that Singer did not dispute Du's finding that prior art "taught that DHA increase LDL-C while EPA reduced TG without increasing LDL-C" might still lead to affirmation of our case.

[oneragman]

I, excellent summary. The only thing I would add is this quote from Du. It is in the section dealing with inducement, so I feel it is overlooked but telling.

Singer can show with Du's own words there are two populations.
Doc 32 Page 121:
"But overall, the Court finds Plaintiffs’ expert Dr. Budoff’s
testimony to the effect that it is generally a chronic condition caused by genetics more
persuasive. The Court therefore finds that severe hypertriglyceridemia is generally a
chronic condition requiring long-term treatment."

In those two sentences, when dealing with inducement, she accepts that tg's>500 is a genetic condition. Somehow this is totally disregarded when talking about obviousness.