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2992-wrong, infringement case will save us market, marj's appeal is loooong shot--don't create unreasonable expectations for the board.
alb
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bob--look at the nasdaq and ibb--all down big
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hk--prejudice is commonly used to dismiss motions, saying: if we knew about this motion/argument at the time of trial or pre-trial we would have brought different EXPERT witnesses, or ask other questions...
I am not agreeing with du, just knew she would use standing as a way out---as well as the appellate court will. Not worth to appeal and be upset later...
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hk-yes,marj is alleging both fraud AND mistake---the problem here is I knew from day 1 du will use standing to dismiss the meat and bones of rule 60.
It doesn't matter that we are correct--the smart MANAGEMENT had to file the motion--but they refused....
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shad--they will "hear" the appeal--but can rule a Rule 36 if they choose or write an opinion.
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marj-the ct found prejudice period. You claim fraud but the court bifurcated the standing from rule 60.
In the COURT's eyes fraud was not proven "nor should be taken into account to eliminate prejudice". Hence the ct denied standing without deciding on fraud.
Unless very favorable panel is presented (which we know the chances to that) the appeal will be rejected.
They will defend Du in this matter.
Our best chance is infringement case which will give us the us market---no point to fight a battle you cannot win against du. Just will cause you anguish and precious time.
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north--fraud hasn't been proven yet--prejudice has. Also this is court of law not equity.
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NS--sure no problem.
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post--fraud (in our opinion) isn't investigated by j.d. rather you bring the case in the criminal division--yet we are in civil d. and stuck with du's rejection. We will not win the appeal unless all 3 judges are the most favorable. imo
we will win w/ infringement
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post--it isn't bogus sadly--biased v. common argument. Until fraud proven must assume innocent. Sorry for the reality. Appeal is a long shot after du rejected for standing---if rejection for fraud (60) much better chance.
We will win w/ infringement--no worry.
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hk-the sad fact is: as much you posit that fraud is a clear--the judicial system--for fairness must allow the other side-being accused of fraud to defend itself--that is the american way, right?
And du is correct on this point, that introducing fraud NOW (and not when we begged amrn to bring it during appeal) makes it harder (biased) for the defendants to answer the charge, witnesses forget, would have done things different... (although they are probably guilty).
Makes sense?
Bottom line although marj did a wonderful job--yet since the...management at amrn didn't bring fraud and mistake when batt PUBLISHED it for some non sensical reason--even in the appeal it will be EXTREMELY HARD to get passed the standing issue--because of bias.
The best chance is the infringement case imo.
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jas--easy does it here :). without lawyers amrn would never have won--I mean lost so many actions...
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marj-gr8 job--the appeal was always the chance for you anyway. Du would never have reversed her mess for a third party.
Let's hope you get a different appeal panel than amrn got--but knowing the "system" I wouldn't hold my breath on it.
But at least you will have a chance respectfully to tell the "judges" how bias they have been and not followed the law. Be assertive!
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fsu--sp following IBB-not gb news...Ibb was up big earlier and other biotech's are up.
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that might seem tacky--and backfire on them. They would be accused of using some tragedy for business gain.
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zip-they cannot yet advertise vascepa as a vacuum lipid cleaner, until fda gives them the indication---which they should be working on!!!!
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zip-they would hire a M&A to sell co. BOD wants to maintain status quo and that's why they hired someone w/ expertise in sales/management.
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what should they say? if they were taking vascepa...?
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raf-vascepa isn't approved by fda to treat irregular heartbeat.
They should be educating dr's. about benefits of vascepa for diabetic patients with cva risk.
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alm-you're correct. I apologize to lou and marzan--everyone is entitled to voice his or her opinion. Thank you lou for your great efforts on the motion.
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raf-I will search--but usually money talks--as I said overpay.
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posters like marzn think we won r.24--is that a good job? The point of the m.b. is not to give false hope--but accurate info.
I guess I'm wrong--this board wants to hear inaccurate, false info.
gl.
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lr-is "3 weeks" your new joke line? I hope you mean 3 months? It takes more than 3 weeks to get to know the employees....
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lou-reaching out to marj to reply ISN'T starting the ball. sorry, every motion gets briefed, if frivolous could be sanctioned.
You stated: Don't forget the court has already started the ball rolling by ...reaching out to Marjac for a response that was due 4/8 - which was met.
Why not leave the legal issues to marj?
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raf, here are 3 examples of lateral ceo movement:
Kåre Schultz (Danish, 57)
He became the president and vice-CEO of Novo Nordisk in 2015. He joined Lundbeck as CEO in 2015, then Teva as CEO in 2017.
Joseph Papa, MBA (American, 63)
He joined Novartis as VP of marketing in 1983, then Searle as president of US in 1997, Dupont as COO in 2001, Watson Pharma as president in 2001, Cardinal Health as president in 2004, and Perrigo as chairman and CEO in 2006. He became chairman and CEO of Valeant in 2016.
Olivier Brandicourt, MD (French, 62)
In 2013, he became the CEO of Bayer, then in 2015 became the CEO of Sanofi.
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marz-louie is wrong, you stated: "Like Louie thinks she already granted Rule 24 by asking you to respond". Telling marj the date to file a reply means=0.
I strongly recommend you take advise from marj or any lawyer regarding marj's motion. Every motion gets fully briefed.
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lou-let marj discuss LEGAL issues. He is more than qualified. Your energy is appreciated, but your misinforming the board.
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lou-the court DIDN'T start the ball rolling, even a frivolous motion is not denied until fully briefed.
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zip--technically waxman must stick to his brief points. Some lawyers might try to drag it in--but Waxman doesn't seem the type to ruin his reputation doing that.
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your points were true w/out karim as ceo
zip-the s.c. will not hear the cropped table or mori mistake---only what waxnan petitioned---the graham factors--so why are you counting on fraud and mistake in s.c. appeal?
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they got interchangeable pieces. The difference maker is T.B.--he took a below 500 team to super bowl and WON.
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bid--we hear that excuse when star gets fired/demoted--look at all coaches that say that nonsense.
Come on hear amrn sh--sniff the coffee--we deserve an all star and we got a prospect. We want t.B. not Darnold.
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ham--how did T.B. do with Tom B.-the ceo? and how did they do last year, thank you. The ceo is everything, every co. can have good workers, the quarterback makes the difference.
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gg-Tim Cook=Karim, that's blasphemy-maybe Karim Abdul Jabbar....
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ham--if you overpaid Robert Bradway, from Amgen, 21M instead of his current 13.96m---moving him up from #20 to #11 he'll pack himself...
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zip-he has 0 experience in M & A--he WAS NOT hired to sell the the company--you make my point--hire ONE GREAT ceo not many mediocre people.
why didn't merk lock hip up w/ long contract??????
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raf-hire current BP CEO All Star-they will leave their 8 figure salary, if you give them that PLUS a little more--just like loser sports team sometimes have to overpay to become respectable and great---then star players will beg to come to them.
When the Mets, Seattle... Nets, Jets were bad, they had NO CHOICE but to OVERPAY for talent.
Nothing against new guy--but there is a reason amrn hired him to lead eu and not ceo---he was a consultant.
Why din't merk snatch him up---the excuse everyone gives, that he was independent is nonsense...
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mo-you sound in need of help.
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bird--how did tim cook work out? he was already established coo....
I hope you don't think mediocre is just as good as experienced top of the line when it comes to your personal choices in life.
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