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Re: jomama9231 post# 265133

Sunday, 04/12/2020 10:00:16 AM

Sunday, April 12, 2020 10:00:16 AM

Post# of 423944
Interestingly even the federal court did not find fault on weighting secondary consideration against each other....so not clear cut for me anymore that what occurred in our case was a clear error that could be central to a different result


Finally, BMS argues that the district court improper- ly compared the weight of the different secondary consid- erations against each other when it summarized that the factors were “mixed.” J.A. 152. We understand the district court to be noting that some categories of evidence simply were not as helpful to BMS’s case as others. We do not read the opinion as suggesting that unhelpful evidence somehow diminished the strength of the more persuasive forms of evidence.



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