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TTE - you plan on holding your breath?
Kiwi - in fairness, you were talking about Mexico in the post I responded to:)
So, what value would you place on EU/ROW?
CBB - not sure JT had any idea what he was trying to say:)
Kiwi - you need to read. CBB was talking about the EU only
HDG - Thx
Sleven - agree that decision on EU before appeal results seems odd. One of many reasons JT leaves me scratching my head
JT said on the Q1 earnings that a decision on EU would be made by Q3. So, evidently before US fate is known. God help us!
Kiwi - You should testify at the appeal, if only... what do you think odds of appeal win are? Very disturbing that it is dependent on which judges rather than truth.
Tough to say on valuation as I have no idea of EU revenues
Be nice if someone could really look into this. Nothing would surprise me
HDG - Thx. You planning to provide your take? To me, her decision is rife with factual and procedural errors (as others have posted). But, I’m far from being a legal expert.
Plus, it seems no matter how error filled her decision might have been, it still depends on what appeal judges we draw
Was looking the Q1 earnings call transcript (seeking alpha) again last night. JT said a decision on EU approach would be made by Q3. So that fate will be decided before appeal outcome is known
HDG - I’m sure you’ve read Singer’s brief. What do you think are the strongest points?
Irish - God bless you and yours. Everything is gonna be OK
HDG - I'm trying to find your post where you gave your take on the Appeal (Singer's brief). Can you point me to it?
Thx
Pretty optimistic for a coin flip
Did you mean recuse?
Think Irish was referring to the BOD
Irish - Again, thanks
I think this is our court?
https://www.law360.com/articles/1274618/fed-circ-ends-in-person-oral-arguments-indefinitely
Kiwi - All JT talks about is GIA or partner in EU. So, what happens if we lose the coin toss?
As you said, GIA would be a disaster. In a partner scenario AMRN is just a royalty collecting company which seems as disastrous as GIA.
Am I missing something?
Irish - Thx for response. I cringe when I hear him talk about GIA or partner in EU while gambling on appeal win. Given the inconsistency of CAFC on patent cases, odds of winning seem like a coin flip no matter how bad DU’s ruling was.
So, to me he is gambling shareholders value on a coin flip as I see GIA or partner in EU without US market as a disaster.
But, what do I know?
Best to you
Yes, let us hope. I wish I had an ounce of faith in the guy
Marjac - Yes!!! I don’t think JT gets it though
TTE - Agree, the factual errors are beyond grotesque. In a just world that should be enough (IMHO)
io_io - are you an attorney?
Irish - sure hope you are right. But, we've already gotten a glimpse of their intellectual horsepower via Du. Not too impressive if I may say. Really put a damper of my faith in the system. Course, if I was in charge, these patent issues would not ever see the court room. They would begin and end at the USPTO.
I guess I keep hoping for a miracle. My life/future is already destroyed by the recent events. Only a miracle is gonna change that. In this case, the miracle would be an appeal win.
TTE - Surprising when one considers JT's blathering about supplier issues, difficult to manufacture, etc. That said, the guy is such a buffoon. It's really pointless to listen to anything he says.
JT is both a liar and an idiot. Yep, the total package.
What is?
Eight - As a lay person (me) it seems “clearly” an error. I think you are speaking from a legal standpoint? I’m just a dumb Chem E.
In any case, I appreciate your responses.
Eight - how about saying Kura was not before the USPTO ( when it was)?
Marjac - Wow! You nailed it. I, too, believe this is behind her abhorrent ruling.
Eight - seriously, it’s not clear error for the judge to base her decision, in part, on something that is flat out false?
If that is not clear error, then what is?
Agree ORBAPU. AMRN did a horrible job at differentiating V from fish oil. If I recall, one of the ads they had been running on TV showed a comparison of V to fish oil to show the clarity of V. I cringed every time I saw that. Not the sharpest tacks in the shed (IMHO)
Markman take on AMRN brief. Probably posted already?
https://www.markmanadvisors.com/blog/2020/5/19/amarin-what-does-amarins-opening-appellate-brief-say
Meowza - what do you think our odds are of winning appeal?
TTE - the one from Aimed Alliance really hit on the RIt indication. In particular that AMRN won’t spend $ on education/advertising.
I suppose judges won’t give a rip as issue is Marine.
Postes - I say the same applies if he partners EU. Given the low odds of winning the appeal, the only viable solution is to sell the company.
JL - see post 274248. Link to article is there.