Note that Judge Du lifted virtually all of her Kurabayashi findings from the Defendants’ Findings of Fact document verbatim. So she basically copied and pasted the defendants’ arguments with the addition of almost nothing in the way of her own analysis, or any of Amarin’s Kurabayashi rebuttal arguments. Also note that the cropped table used in her decision, which omitted the legend indicating the correct use of intergroup data comparisons, was provided by the Defendants (the cropped version). So it’s very doubtful that Judge Du ever saw the complete table, as she likely based her Kurabayashi findings exclusively on the cropped table provided by the Defendants.
And also note that neither the Defendants nor Amarin, in their respective Findings of Fact, referenced the text of the actual Kurabayashi findings which stated, “The apolipoprotein B level in the eicosapentaenoic acid group was significantly lower at week 48 compared with the baseline level, but there was no significant difference between the groups.” So it’s very likely that Judge Du never saw or considered that apparently unequivocal finding in her consideration of Kurabayashi.
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