InvestorsHub Logo
Followers 73
Posts 6214
Boards Moderated 0
Alias Born 05/01/2011

Re: A deleted message

Sunday, 03/01/2020 8:54:30 AM

Sunday, March 01, 2020 8:54:30 AM

Post# of 426458
Mateo — those were all good points you deleted.

The defendants chances rest in winning on obviousness, which is a largely subjective judgment. To win on that, the Judge will have to be lured into hindsight — that is to say, she will have to accept a sense of obviousness that could only be created using facts that emerged after the MARINE trial was completed.

Things look obvious in hindsight all the time, and it hard to recreate the state of real doubt that existed before the critical informational events.

That’s the risk here — that Judge Du isn’t objective enough to discard the post-hoc sense of obviousness.

And because judges are human like the rest of us, you have to assign a non-de-minimis level of possibility to that. I said 5%. It might be higher. It’s a metaphysical question, and no one here really has the answer to it.

But trust me, whatever happens in Reno? For this board, hindsight will be 20/20. smile

“The trick is in what one emphasizes. We either make ourselves miserable, or we make ourselves happy. The amount of work is the same.” Carlos Castaneda

Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent AMRN News