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Monday, April 06, 2020 11:38:22 PM
The speed in which Amarin filed notice of appeal and “the finding of facts” wording leads me to believe Amarin is positioning to file motion to reconsider under rule 60 and probably shortly after the actual appeal.
Typically motions to reconsider aren’t given a snowballs chance in hell...but IMO there’s a misunderstanding of Mori facts that likely reverses Du decision. I think Du sets record strait.... Incorrect conclusion based on facts is about the only way a motion to reconsider succeeds.
Notice is hereby given that Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Limited (collectively, Amarin), Plaintiffs in the above-named action, hereby appeal to the United States Court of Appeals for the Federal Circuit from the Judgment entered in this action on March 30, 2020 (ECF 382), and from all orders, opinions, decisions and rulings prior to the entry of Judgment, including but not limited to: (1) all findings of fact and conclusions of law set forth in the Court’s Bench Order dated March 30, 2020 (ECF 381); (2) the Summary Judgment Order dated October 28, 2019 (ECF 278); and (3) the Claim Construction Order dated August 10, 2018 (ECF)
BB
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