Extremely well written - makes very clear what the Federal Court has allowed to develop runs completely contrary to Supreme Court Precedent (added to which the DC added the new precedent of “weighing “elements against each other which FC has allowed to stand) and that if this deviation from the correct application of the Graham criteria continues patent law is left in a complete and utter shambles -and moreover allows FC to determine precedent
Hard to see how Hikma and DR can suggest that this request is based on a false premise
At the beginning of Amarin’s clinical trial, Amarin hosted a group of experts to solicit their input on the trial design and the potential effects of EPA. C.A.J.A. 43971, 43974-43977. Amarin provided those experts with extensive materials on EPA, including a summary of the prior art studies. The experts expressed the view that, upon administering pure EPA, bad cholesterol “is likely to go up as it does with virtually all [triglyceride] lowering therapies in” patients with severe hypertriglyceridemia. C.A.J.A. 47719-47722. Those experts turned out to be wrong.
Yet Judge Du says t was obvious !!!
A panel of experts prior to the the trial says it wont work and DU says it was obvious it would work !!!!