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Marjac - I'm probably the last one to provide much help. But, one of my favorite analogies is Aspirin, initially from willow bark. Just like Aspirin was derived from tree bark, EPA is derived from fish oil. Aspirin is not tree bark, nor is EPA fish oil.
Anyway, food for thought in your complaint.
Marjac - Can't thank you enough for all your legal expertise, and now this.
Breath - No. Even Mori showed an increase in LDL with EPA (not SS). Very high TG is not the same disease as high or moderately high TG as evidenced by the genetic component and the differences in TG clearing.
None of the three studies, either individually or as a whole, provide anything close to “clear and convincing” evidence.
Are you MRC?
Breath - it seems in this case Mori provides no evidence. Does not even suggest. (Given the known difference in TG behavior)
Posted - I’m not suggesting misconduct, unless ignorance counts. I do think her ruling was egregiously wrong. What prior art was there for TG>500?
And there are mountains of evidence. The more I read Singers brief the more convinced I am that Du either; 1) had her mind made up before trial even started or 2) was completely incompetent to be presiding over this case.
Even setting aside SC, there was no prior art suggesting anything was obvious as no studies were on TG>500
Zip - I just finished reading Singer’s brief. The first 16 pages are more than enough for me. None, 0, of the prior studies are even applicable (TG>500).
What was/is Du smoking? Any judge capable of understanding the brief, provided they have an ounce of integrity, has to overturn DU’s abhorrent ruling.
Guess we’ll learn something about the integrity of the judges we get
That’s about 24% fewer deaths. Nationwide, I bet much more than 24% fewer.
Ergo the problem with liberally appointed judges (legislation from the bench)
Eight - I was referring to the overall situation with regards to Mori and the other two studies. None of which studied patients with TG>500. To me, this renders all three of them irrelevant with respect to Marine patents.
Eight - Thanks for your take.
Is the whole issue of VHTG vs HTG in the realm of "factual findings"? Reason I ask is I recall reading that appellate court would not revisit "factual findings" but rather defer to DC findings. Even if such findings are complete bullshit (as they are in this case).
Eight - what do you think our chances are on winning appeal?
Eight - "you believe amrn mgmt do better job?" Good Lord, No
My concern is they do an EU partner deal and then lose the appeal. If that happens AMRN becomes a shell of a company collecting royalties.
I'm no lawyer, but winning the appeal still seems like a long shot as politics, left vs right, etc. seem to weigh far more than the truth or the law. My faith in the legal system (in this regard) is pretty much nill.
Given the above, I just want the company sold.
Let’s pray there is no partnership. Cause if there is, and appeal is lost, AMRN is done
Hopefully appellate court will be smart enough to realize the factual errors as well. Generics whole case was based on false premises (ie, VHTG vs HTG)
Yep, and what’s sickening is the odds of Fed Circuit upholding her agenda are high. In this arena, our judicial system is a travesty of justice.
Yep, just more stuff for the generics to steal
Hikma and DRL may move up
“it is probably remote that Wallach is on the Panel.”
Only if AMRN’s luck changes:)
Evil and ambitious often go hand in hand
Does it matter? Du erred in countless ways but it still seems to depend on the judges (from posts by others). Du could rule the sky is red and, given the right panel, be upheld.
FUBAR comes to mind
Sorry man:)
HDG - I believe there is an amended brief already, Doc #32
Right, you foresaw litigation loss. Take a hike
FFS - ever hear of the Spanish Flu? Way deadlier than Covid. From what I've read it was herd immunity that ended. They certainly never had a vaccine. Not trying to diminish Covid, but...
I’ll pop the corn. We can watch the inevitable suicide together
Frustration abounds LBL. And, you are correct, JT could give two sh*ts about retail. I have doubts about any sale. I think the dumb bastard really believes in GIA or partner. Counting beans isn’t rocket science and JT is no rocket scientist
HDG - As always, thanks. My blood pressure is down now:)
Her comment about turning a profit is about as idiotic as they get. Revenues is the only way to view success and AMRN's revenue growth has been pretty good.
CBB - we should question IR on that
Excellent points Bob
RAF - did not read the whole article yet, but
https://theconversation.com/the-logic-of-selling-cheaper-generics-for-drug-companies-such-as-mylan-64766
Have you alerted Amarin IR about this?
Bob - you’re the second person to post this issue. WTF is going on?
ILT - you didn’t finish your sentence:)
HDG - Really appreciate the response. I’m getting deeper in debt to you:)
HDG - I’m confused. I thought Du using the “prima facie” approach rather than the “Graham” approach was at the core of her procedural error (Graham approach = Totality?)
Very bothersome. Would seem that if we don’t get at least 2 of the 3 (Newman, Reyna, O’Malley) odds of winning are basically nill.
This has maybe already been discussed. Wanted to post before I lost it.
https://www.dlapiper.com/en/us/insights/publications/2018/12/federal-circuit-judges-disagree/