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Re: rafunrafun post# 261496

Friday, 04/03/2020 4:31:55 PM

Friday, April 03, 2020 4:31:55 PM

Post# of 424759
hey raf. here's how she differs from the way me and you think. She is grossly mistaken but this is what we are dealing with.

"Moreover, Plaintiffs’ arguments also depend on another factual premise that lacks evidentiary support—that patients with TG levels above 500 mg/dL respond differently to TG-lowering therapy than patients with TG levels below 500 mg/dL. (ECF No. 379 at 23- 24.) But even if Mori and other studies on patients with lower TGs did not provide “conclusive proof” of EPA’s effects, they were enough to form “a reasonable expectation of success.” Hoffmann-La Roche, 748 F.3d at 1331. Indeed, Dr. Toth conceded that POSAs could rely on data in patients with triglycerides below 500 mg/dL to make reasonable predictions about how patients above that threshold would respond. As he admitted, “a skilled artisan would know that a drug that reduces triglycerides in a patient at 400, is very likely to also reduce triglycerides in a patient at 600.” (ECF No. 371 at 1860:8-11.) Thus, the Court finds that a POSA “would have reasonably expected purified EPA to reduce triglyceride levels above 500,” even without data confirming that result. (Id. at 1860:12-15.)"
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