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Re: Hamoa post# 264743

Saturday, 04/11/2020 1:32:41 AM

Saturday, April 11, 2020 1:32:41 AM

Post# of 426491
Agreed that the circumstances surrounding the Kurubayashi point is most glaring and thus is a good weapon in our arsenal. Winning the unexpected Apo-B reduction is huge; Amarin patents are were granted in large part due to no LDL-C increase and Apo-B reduction.

I wouldn't discount the >500 trigs, since it's very relevant to Mori and regaining our unexpected LDL-c neutral EPA effect. I agree that it's not a clear error like Kurubayashi, but I believe, as the Markman article argued for, if it can shown Judge Du neglected to consider a key fact or didn't offer a reason why the key fact was irrelevant

"Amarin is likely to point to the understood mechanism of action for how TG-lowering drugs worked, namely by clearance of VLDL to IDL and to LDL, which buttressed the expectation of persons of skill that TG-lowering drugs yielded higher levels of LDL for patients with higher baseline TG levels. "

that could be something that tips the scales in our favor. In short, if our argument for why our evidence for >500 trigs is compelling (and easy to understand), and Du's explanation for rejecting the evidence is muddled or completely absent, then I would hope reasonable minds would invoke clear error here as well.
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