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Objective Indicia of Nonobviousness – Considered as Part of a "Totality of the Evidence" Approach or a "Prima Facie Framework"? | Haug Partners LLP


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On February 11, 2021, Amarin Pharma, Inc. (“Amarin”) filed a petition for a writ of certiorari with the Supreme Court seeking reversal of the Federal Circuit’s decision to affirm a finding that Amarin’s patents are invalid as obvious under 35 U.S.C. § 103.
1 According to Amarin, the district court erred in its analysis because it considered evidence of objective indicia of nonobviousness only after deciding Amarin’s patents were prima facie obvious.
2 In other words, according to Amarin, the court had “relegate[d] objective indicia to second-class status” by using a “prima facie framework,” rather than giving the evidence the “full and fair consideration” it deserved alongside the other Graham factors ....

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