Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA

 
APPEAL NO.
20-1723
OP. BELOW
DCT
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

1. “Whether the district court legally erred in its framework for evaluating objective indicia of non-obviousness, by (a) concluding that the claims were obvious before even analyzing the compelling objective indicia evidence, infusing its entire analysis with hindsight; and (b) improperly requiring Amarin to prove every objective indicia or have it count against non-obviousness.”

2. “Whether the district court improperly applied a hindsight-based analysis on motivation to combine and reasonable expectation of success, causing it to ignore significant evidence cutting against Defendants’ case and shift the burden to Amarin to prove non-obviousness in an erroneous attempt to fill the evidentiary gaps in Defendants’ proof.”

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