Amarin Corp Plc (AMRN)

[sstyles]

Markman Advisors--Great comment from someone named Andrew Fleischman on the new Markman Advisors note. See below. Direct Quote:

"The key here IMO is the way Judge Du worded her court order, which demonstrates a clear error that does not require expert testimony to refute (it is a fact clearly delineated in the Kurbayashi paper). She initially points to the statistically significant difference in ApoB from baseline in the EPA group early on in the court order. But then in forming the basis of her opinion, she goes on to state “in light of the statistically-significant differential effects reported between the EPA and control groups, a POSS would have attributed the reduction in ApoB to EPA”.

This proves that Judge Du misunderstood what that there was no differential between groups, only compared to baseline. And that she used this as a key point in making the decision of obviousness. This iOS not an instance in which she chose to believe Heinecke over Amarin experts since Heinecke agreed there was no differential effect. This was simply a mistake. There is no question from a legal standpoint that clear errors like this are fair game for argument on appeal and it’s even possible a judge Du doesn’t appreciate the error and upon correction it would change her own opinion."