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Re: read_this_n0w post# 3478

Wednesday, 11/22/2006 9:14:47 AM

Wednesday, November 22, 2006 9:14:47 AM

Post# of 6488
The judge has an opportunity to correct her earlier mistake. As Insmed's attys pointed out, a summary judgement is not at all related to a JMOL (as I am learning). SJ involves information presented to a judge alone and in this case it seems that 1) she erred; and 2) additional and compelling information against the validity was presented when Tercica was making its case in chief and Insmed challenged them. JMOL is when (as I understand it) no reasonable jury would find for or against the plaintiff, as the case may be.

I hold out that Insmed may prevail since no judge wants to get overturned on an appeal, and her SJ decision would likely get overturned by the 3 judge panel.

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