Amarin Corp Plc (AMRN)

[Hamoa]

Defendants’ Kurabayashi argument focused on the significant (6%+) reduction in apo B levels from baseline in the EPA+estriol group. They avoided any mention of the statistically insignificant difference between changes in apo B levels between the EPA and control group, which rendered the reduction in the EPA group, viewed in isolation, meaningless. Knowing that Amarin would be addressing Kurabayashi during the trial, there was no way for Defendants to ignore it, so they made the best argument they could by focusing exclusively on the reduced apo B in just the EPA group. And lo and behold, Judge Du made the error of misinterpreting that specious argument as proof of a statistically significant difference BETWEEN THE TWO STUDY GROUPS. So basically, the Defendants’ attempt to make the most of an unhelpful study miraculously (for them) turned into the foundation of their trial win. But they surely know that the appeals court panel is not likely to make the same mistake.