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ilovetech

08/04/21 11:15 AM

#349204 RE: Skipperdog11 #349179

Skip, I'm not well versed in patent law, but if it's true that Delaware is far more pro-patent than Nevada, and if true that we had a choice of where to file, it's unforgivable to have chosen Nevada. Nonetheless, the hierarchical system failed abysmally. Also beyond my understanding, WHY didn't Amarin incorporate rule 60 into the appeal process to begin with? That's another huge blunder IMO. The conventional arguments were susceptible to exploitation by clever attorneys, and we saw how things turned out. Had Amarin thrown in rule 60, even if it required a separate filing to run in parallel, the case would have been heard at the very least at the same time frame perhaps as the conventional appeal. The Judges were lazy and disinterested to rehash what they considered to have gotten ample consideration. But, when FRAUD is raised, it requires serious consideration, and anything less should raise fears of dereliction of duty imho.

ILT
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sts66

08/04/21 5:19 PM

#349283 RE: Skipperdog11 #349179

Yes, the problem is the USPTO didn't specifically state AMRN's claim the IPE doesn't raise LDL while lowering Apo(b) was based on Kura, which is why Du mistakenly claimed the examiner didn't refer to Kura, despite it being the very first reference listed in the patent.