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Re: HDGabor post# 265189

Sunday, 04/12/2020 7:42:57 PM

Sunday, April 12, 2020 7:42:57 PM

Post# of 425795
After reading the full federal appeal ruling, the secondaries were extraordinarily weak so not sure anymore that that case is as comparable to amarin’s as I believed earlier. Actually I find the decision by the federal court easy to understand why they upheld the district court decision.

Actually i think that amarin secondaries are much stronger supported by the district court owns findings of fact (that will be given deference). Additionally the way that secondaries were weighted against each other is incorrect which was a concept also emphasized by this federal case appeal (albeit in that case the federal court did not find that the district court used that incorrect method despite plaintiff claiming it did, actually the district court use the word "mixed" to indicated that some secondaries gave more support than others....that is different from Amarin's case where, it was clear that the method used was not appropriate, in my view)

Additionally I agree with you as well that the Apo B issue was a clear missinterpretation by the district court that should even give us additional strength to the secondaries....So overall, I continue to think that Amarin has a decent chance at reversal. Judges assigned continue t be important though.

Never thought I would be reading so much law staff!!! :)





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