On 5/19/20 the BIOTECHNOLOGY INNOVATION ORGANIZATION (BIO), the largest trade organization representing biotech companies and Universities filed an amicus brief in the Amarin appeal. The brief relates to the specific way obviousness analysis is performed and does NOT take a position regarding the validity/non-obviousness of the asserted Amarin patents. I include a footnote below with the conclusion from BIO's amicus brief so you can better see its focus. The appellate court has discretion in whether to consider BIO's amicus brief and the procedural framework it urges the Federal Circuit to adopt, in that brief. It will be interesting to see if more amicus briefs are filed that are consistent with this request.
If you want to better understand what's in BIO's amicus brief and how it relates to the parties' positions in the case, we have a ~4 page deeper analysis available written by an experienced PhD biotech patent attorney, for only $99, which includes a copy of Bio's brief, and we'll include a copy of Amarin's opening appellate brief as well. Click here to view details.
If you want to better understand what's in BIO's amicus brief and how it relates to the parties' positions in the case, and learn about ongoing developments in this case as they unfold from an experienced PhD biotech patent attorney, consider subscribing to our AMRN Vascepa patent blog. For only $199/month you will receive not only our timely updates and explanations regarding the litigation, but also our deeper analysis of the issues in the litigation and AMRN's other Vascepa IP. which will include at least 5 detailed reports. Plus, we'll provide updates for investors on other developments with respect to AMRN such as business and clinical updates. Once the litigation ends, your subscription will be canceled automatically. If the litigation goes into a slow period where we only have business and clinical updates, your subscription is reduced to $25/month and then will go back to $199/month on months where we provide significant IP updates. You can cancel your subscription at any time. Click here to view details.
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Here is the CONCLUSION of the BIO amicus brief, in which you can see its focus on the obviousness analysis framework:
"BIO respectfully submits that the prima facie framework has the potential to
introduce error that the totality framework does not. By endorsing only the totality framework or providing further clarification of the prima facie framework, the Court will ease the task of litigants, lower court judges, and judges of this Court. This can only lead to more accurate case outcomes in future cases furthering the goals of the Patent Act."
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