The Federal Circuit’s misapplication of U.S. Supreme Court rulings on when a patent is obvious have resulted in “over-invalidation of patents through hindsight bias and the suppression of innovation,” Amarin Corp. told the high court in a petition for review.
Amarin wants the Supreme Court to revive its six canceled patents on the heart treatment Vascepa, which weren’t set to expire until 2030. The drug is Amarin’s sole product and accounts for all of the company’s revenues.
A trial court found the patents obvious without taking into account real-world considerations such as the drug’s commercial success, Amarin argued in its ...
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