Amarin Corp Plc (AMRN)

[amarininvestor]

This parts of the blog sounds incredible. So if I understand correctly Amarin cannot raise in its appeal that Dr. Heinecke interpretation fo the data is correct in terms of a change with respect with baseline but that the judge incorrectly attribute this to a change vs control arm?

Please someone with

The first and most important question is whether Amarin made any of these arguments at trial. If not, then they are essentially waived. You cannot raise new arguments on appeal.

Focusing on the merits of whether Judge Du’s opinion misinterpreted Table 3 of Kurabayashi, this is a relatively technical statistical question on which expert opinion is likely warranted.

That scientist is Dr. Heinecke, who was the generics’ invalidity expert at trial. The generics cite Dr. Heinecke’s trial testimony in their proposed findings of fact on the interpretation of Table 3 from Kurabayashi that finds 6.9% reduction of Apo-B in the EPA group to be significant. Judge Du appears to have credited Dr. Heinecke’s testimony on this point in the Bench Order. Amarin’s proposed findings of fact do not appear to identify any testimony from the trial—either on the cross-examination of Dr. Heinecke or the direct examination of Dr. Toth (Amarin’s invalidity expert)—that would discredit Dr. Heinecke’s reading of Table 3. This is the lens through which the Federal Circuit will likely review Judge Du’s findings for clear error with respect to Kurabayashi.