Replies to post #325590 on Amarin Corp Plc (AMRN)

[yudilks]

If there be any justice this will succeed

Amen to that.

[Invest83838]

There is no justice in the USA Court System

Especially the Supreme Court

Since "everybody" wants their case heard by the SC

and that is physically impossible

so don't get your hopes up

I expect AMRN case to not even be heard by the SC

It will be remanded back to the lower courts

[HinduKush]

Well said, Alm
There is no greater or weightier issue at the centre of patent law. Graham theoretically sets out criteria for how to adjudicate obviousness but left vague the exact order and method of determination of such primary and secondary obviousness criteria. If primary versus secondary indicia and their sequential or simultaneous deployment is not adjudicated and defined also by SCOTUS, then a pandemonium of inconsistency and resultant chaos will ensue across all judicial circuits. For the SCOTUS that gave birth to Graham, perhaps the protection of their golden child from inappropriate abuse by politically motivated Hatch-Waxman schemers will weigh very close to their hearts...(that is if the petty politics doesn't float like scum to the very top)
Saying a prayer now,
HK

And the Federal Circuit’s refusal to correct its error will broadly invalidate patents on inventions whose validity is established by real-world evidence of ingenuity, simply because that evidence is ignored until the court has already formed an opinion of “prima facie” obviousness. Notably, the Federal Circuit has acknowledged that, under its framework, objective indicia only rarely rebut a prima facie case of obviousness.
The Court should grant review to hold that Graham’s totality of the evidence framework governs an obviousness determination, such that objective indicia must be considered alongside other factors in the obviousness analysis, not as a secondary afterthought. At the very least, the Court should grant the petition, vacate the judgment, and remand the case to the Federal Circuit for further consideration under Graham’s total-....

[sts66]

I agree it's persuasive, and IIRC the USSC is none too happy that the CAFC has condoned the prima facie approach despite the USSC already establishing precedent that the Graham method must be used. Think Markman may have mentioned in a blog that the USSC was waiting for a case like this to do a smackdown on the CAFC. Still a longshot, unfortunately - but Du creating precedent of weighing secondary considerations, with CAFC saying no precedent was set, shouldn't go over well if the USSC is really interested in enforcing laws.