Replies to post #323646 on Amarin Corp Plc (AMRN)

[HinduKush]

Two summary excerpts from the District Court’s bench order:

(1)As explained above as to Defendants’ prima facie obviousness case, Mori found that EPA did not raise LDL-C levels, and Kurabayashi suggested that EPA reduced Apo B levels. (ECF No. 373 at 76-80, 246-47.)
(2)Further, while the Patent Office found that a decrease in Apo B was an unexpected benefit constituting a valid secondary consideration, the Patent Office’s examiner did not consider Kurabayashi. (Id. at 246-47.) Where “the PTO did not have all material facts before it, considered judgment may lose significant force” See i4i, 564 U.S. at “Thus, the Court finds that the unexpected benefits secondary consideration does not weigh in favor of finding the Asserted Claims nonobvious.”

Kurabayshi is critical to the determination of Vascepa patent justification (lowering ApoB without raising LDL in TG>500)

[Whalatane]

Bouf. Agree. Gr8 to have your experience and insights on this board
Kiwi

[marjac]

Bouf,

I saw that HK responded, which I incorporate. By knocking out Kurbayashi and Mori, we the generics cannot meet their 'clear and convincing' burden of proof.

I think we both acknowledge that this is a tough case. But just because it is not easy or guaranteed, does not mean that we cannot and should not make the best arguments possible, and hopefully reach a point of critical mass where we prevail.

[sts66]

K was critical in that Du claimed the USPTO did not review it as part of one of the patents related to Apo-b - that was a big mistake.