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HK great work
The Irishman - please send to Elizabeth
Alm
Do not follow the second paragraph....clarification?
Alm
Again brilliantly stated
Send to Singer !!
Alm
HK
This is the most brilliant work
Absolutely brilliant
If only .... such as this had been available to inform at the Du trial
Please make sure Singer and Covington make the very best use of it
I can not thank you enough
Alm
the Irishman
Thank you for diligently fulfilling this most important of tasks ... greatly appreciated ...Alm
Send this brilliant post to amarin/ singer
Another lawyer stands here in awe - Hamoa you drill right down on exactly how this appeal will be won and how Singers reply will shape in his final written arguments
Alm
Send to Singer !! Alm
Send to Amarin / Singer
Alm
Please send to Amarin / Singer
Alm
For the sake of certainty make sure this is sent to the hands of Singer / Amarin
Alm
HK great work by you
Alm
Raf
Whilst my prior comment was tongue in cheek I actually do think this is worthy of the effort
Stranger things have happened -sometimes in “evidence” ones sees passage uplifting between documents - if there were such in Du opinion ( crafted by her law clerk?) -taken from MRC -it would be absolute dynamite
It is a very long shot - I have seen longer shots work in fraud cases that I defend in
I cant access MRC material / du opinion
Anyone out there prepared to and able to do this ??
Alm
This has got to be sent to amarin/Singer
Vital vital vital
Alm
Very grateful it you for your time trouble and cost
Such will be rewarded many times over and more
Alm
MRC/DU
Well it would be fun if Du’s law clerk in writing DU’s decision /opinion copied and paste from MRC
- maybe MRC was the one who taught her when she was schooled about fish oil
now that would prove unDu influence !!!
No doubt someone will check .....
Alm
RMitra/kiwi/HK
I see - so very well expressed as ever ...
please send to amarin / Singer
Can it not be thus propounded before the appeal court that Du adopted an erroneous interpretation of Mori - which although not pointed out by Covington-She -as experienced patent judge -should of her own volition have recognised such as being incorrect ... as a high school stat student would and most certainly a POSA would
She was the judge of fact
She judged the fact incorrectly
Led into it by generics
Sadly not led out of it by Covington
But Amarin had the right to expect a judge will apply her own sense of what is correct and incorrect in reaching her decision
Alm
I am arguing that she adopted error ( no doubt quite innocently )when the expectation which can be made of a skilled judge in patent trials is that she would have been expected -of her own volition- to have recognised the statistical error that a high school student /certainly a POSA would ....and not thus adopted it in her reasoning. - she should have recognised it - and not relied upon it
Alm
I am arguing that she adopted error ( no doubt quite innocently )when the expectation which can be made of a skilled judge in patent trials is that she would have been expected -of her own volition- to have recognised the statistical error that a high school student /certainly a POSA would ....and not thus adopted it in her reasoning. - she should have recognised it - and not relied upon it
Alm
KiwiHK
Let’s say only witness on murder says the shooter drive sa black car -but CCTV evidence showed clearly it was white- defence counsel fails to mention the cctv in the trial or the white car
The jury (du was the jury ) can not simply fail to be appealed because in her (jury)verdict she finds the accused guilty as the driver of the black car - on the basis that defence counsel fails to point the white car evidence out in the trial
She was the person who decided the amarin trial on the evidence -she should have not relied on evidence she should have recognised as incorrect (as per Mori-as pointed out by RMitra andBhatt)
She has skill as patent judge in such matters and she should have seen through this for herself not relied upon it
It would have been much better if the error was clearly pointed out in the trial through evidence and by Covington - on that basis one could have hoped she would not have adopted the error - and if she did in appeal it can be clearly pointed out that she was directed to this error
-however -The fact it was not does not mean she is as a judge of fact excused from reaching the correct interpretation of the evidence
Alm
Kiwi /HK -did I refer to RAF/ HK in my earlier post
We must remember that Du is a judge familiar with patent cases and stats and statistical analysis - Amarin are entitled to say that she adopted an incorrect statistical conclusion (which HK suggests and high school student could have recognised
She not only failed to recognise the error but then actually based a crucial element of her judgement by adopting that error
The error can be pointed out in the appeal- the fact that she adopted that error can be pointed out in the appeal
The error was Obvious!!!!
Albeit the error was not pointed out (so it is suggested in the trial) she as a judge should not adopt something which obviously wrong
Alm
Kiwi /HK -did I refer to RAF/ HK in my earlier post
We must remember that Du is a judge familiar with patent cases and stats and statistical analysis - Amarin are entitled to say that she adopted an incorrect statistical conclusion (which HK suggests and high school student could have recognised
She not only failed to recognise the error but then actually based a crucial element of her judgement by adopting that error
The error can be pointed out in the appeal- the fact that she adopted that error can be pointed out in the appeal
The error was Obvious!!!!
Albeit the error was not pointed out (so it is suggested in the trial) she as a judge should not adopt something which obviously wrong
Alm
RAF/HK
Simple-What can be said in the appeal is that any one who has a basic understanding of statistical analysis must have known that Mori could not have been relied upon in the manner which Du did to reach an entirely erroneous conclusion -the Mori study was statistically incorrect - Du adopted this when she should have not
It’s not new evidence - it’s simply pointing out the clear fact that Du placed reliance upon something which is actually false
Alm
This is a very important point -but not immediately obvious
Send to Amarin / Singer
Send to Amarin / Singer - vital
Did Amarin/ Singer do a good job on this secondary ?? Seemingly not
Alm
Send to amarin / Singer
Vital
Alm
Brilliant HDG ... simply precisely and clearly sets out the absurdity of Du decision
Alm
Now that’s a genius suggestion ....would it be possible to frame that as a question directly to him ? Invite him to accept the statistical analysis error ...whom from this board would be the right one to do so .... because Bhatt et al (authors of the paper) would not / could not
I ask whether Mitra or HK would do it?
By reference to the Bhatt paper or their own brilliant work
An outright acceptance by Mori the author of the study would send shock waves into the appeal equation
What say you Mitra / HK
Alm
Send to amarin/ Singer. Vital
Alm
Sts66- no the point I was making is that Amarin /Covington should have undertaken a statistical reassessment of Mori and indeed other relevant studies - it would have cost peanuts but could have torn the studies (certainly Mori) apart - all this before the trial - so such could have been evidenced in the trial
The further point I was making is that RMitra within a few days after the trial outcome had done just that and it was all e mailed to Amarin/ Covington - yet this is now only revealed in the Bhatt paper some time thereafter and post Singer brief / amicus deadline (moot point as to whether it can be considered by FC-see below)
The problem appears to focus now on how this gets before the FC - new evidence issue - see Marksman comments just posted
No doubt there will be many twists and turns yet to this roller coaster litigation ride
Alm
The point I was making was the Mori statistical reassessment should have been undertaken by Amarin/ Covington before the trial - instead of Amarin just accepting that everything stated in Mori was gospel it should have been torn apart prior to trial
The further point I was making is that
That’s right Tasty - and all this early work was e mailed to amarin/ Covington
- they should have been all over this before the trial - but most definitely when it was made crystal clear so soon after the trial
Alm
Sublime post Hamoa -wonderful to read the Informed legal voice of logic and reason
Intelligent investors in Amarin will take note of such
Alm
Send to amarin -vital
Send to amarin -vital
Explanation to FC -Singers obvious point I will be - the statistical error in the Mori study has only come to light since the DC trial was concluded.
Let us say the principle fact in a litigation case was that the world is flat - after the trial clear incontrovertible evidence proves the fact that the world is round and the original study upon which the flat world was based was thus clearly erroneous
Does the original decision stand on appeal.? Because the new agreed fact -a round world -is not admissible ?
There will be a way in to the appeal for correction of clear error ... do the generics fly in the face of the new evidence - still claiming the world is flat based on what is obvious earlier error ? Before the FC ?- lawyers will never make fools of themselves in the eyes of an appeal court by claiming an erroneous fact is true
The issue may be however - is there clear and indisputable (by anyone/by the generics) error in the statistical analysis contained within Mori ?
The generics may worm away at not accepting there is such error
The new Bhatt evidence best be absolutely right !!!
Alm
The Du trial -why oh why Amarin did not get for the Du trial a detailed statistical re analysis undertaken and presented in evidence as needs be of the few studies that generics were relying upon .????.. what would it have cost ? We should reflect that Mori was a very old study on 59 men over a period of 6 weeks - not much by way of resource was ever devoted to the original Mori study so they should have been looking for the holes in it with a microscope
Surely every word / statistic on the Mori paper should have been critically examined given the substantial reliance generics were placing on it - same goes for the K study and anything else generics relies upon
As a lawyer I consider - if it is an incontrovertible fact that the Mori study contains statistical error on the face of the paper then the FC must admit that into its appeal -it maybe be that Singer will invite the generics to concede such incontrovertible statistical error into the appeal - it places generics in an invidious position - relying on statistics from an old study where the statistical analysis was error
It would be against the basic principles of jurisprudence to allow an outcome in litigation to remain if it is based on a fact (facts) which are -subsequent to an original finding-clearly demonstrates and indisputably shown to be incorrect
This circumstance adds great further weight to the strength of this appeal
Alm
Kiwi
Not sure I could perform such a calculation - highly complex to assess turnover / cost and profit value to each European country and ROW and indeed what might remain of USA- I would presume Amarin will have made a reasonable stab as to such an assessment - and no doubt if any BO party interested Amarin will share such - although such a party would no doubt have their own view
The point is that there will be share value life after an appeal loss - which if Amarin presents to the market / its shareholders its value vision all can assess and thus determine share price
Amarin post appeal loss has some value - I have read views expressed of equating to 15 dollars a share - yet we are running around 7 - but the reality is that Amarin has not set out their assessment of post appeal financials for an informed assessment to be made
I agree - my general view is considerable value in Europe / ROW/ and what remains USA- certainly above a 7 dollar share value
Maybe Amarin does not want to publish their value view - with a USA win / With a USA loss -at this time
But it would help shareholders greatly to know their vision ahead
Of course it’s hard enough to get their view of even where any given 12 months ahead values lie !
As to European health systems - you summarise accurately - drug value assessments are intense / public purse paying / therefore value of drug in patient treatment paramount
amarin demonstrates immense cost effectiveness but perhaps suffers from being viewed as preventative rather more than curative - convincing to pay for drug use to prevent a condition arising over time maybe somewhat harder than prescribing a magic pill that immediately cures a currently experienced illness ! (Unless you are talking of a covid 19 vaccine
Alm
Kiwi- BO
You are right there is no prospect of any possible sale of the company until appeal outcome is known and every effort will be made to link the timing of appeal outcome and European approval.
Whether a BO will quickly follow in early 2021 remains to be seen but if not Amarin -if it wins -can move forward as a company in whichever way the board chooses without any further major obstacles
The company and share price should revive accordingly
Everything as to Amarins future hinges on this appeal outcome - although there would still remain some value in the company if the appeal is lost
Patience by shareholders is required-preserving cash within the company is probably the most important action in the interim
I have got to say the board remuneration package should be delayed/ and varied- until after outcome known
Alm
JL thank you - a most welcome insight and as you say the prospect is tantalising- let us hope Amarin explore all possibilities
Can someone send JL s comments on to Amarin please
Alm
VASCEPA COVID TREATMENT-JL-have you read this ????...can you give it your consideration-would it suggest that Vascepa may have considerable benefit together with statins in preventing /resisting the impact of covid19
One would think amarin have this concept in hand but can this article be sent to amarin- along with your view JL if you perceive a positive benefit
Overall suggestion is that covid is not per se a disease affecting just the lungs /respiratory system but a disease of blood vessels and that treatments should focus on blood vessels - thus statin But ??? VASCEPA ALSO
Alm