Amarin Corp Plc (AMRN)

[mc1988]

I reread Judge Du's verdict again and it appears she made a claim that is blatantly incorrect in light of what I wrote regarding Kurabayashi.

In page 30 of the bench order https://www.courtlistener.com/recap/gov.uscourts.nvd.118340/gov.uscourts.nvd.118340.381.0_1.pdf

Table 3 of Kurabayashi has been cropped, removing its legend that distinguishes the two different definitions of P values:
- P of differences in changes over time, vs
- P of intergroup differences

With the cropped table, a reader would not readily identify this incorrect statement made by Judge Du on page 30:

In light of the statistically-significant differential effects reported between the EPA and control groups, a POSA would have attributed the reduction in Apo B to EPA. (Id. at 737:24-738:8.)

That is clearly erroneous in my opinion because Kurabayashi definitely does not state that there exist statistically significant differential effects reported between the EPA and control groups. On the contrary, Kurabayashi explicitly states the inverse––that there is no statistically significant difference between the EPA group and the control group. (See the parent of this post for the details.)