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Re: HinduKush post# 281667

Saturday, 06/20/2020 11:37:13 AM

Saturday, June 20, 2020 11:37:13 AM

Post# of 425641
HK—

As to your point #1, the problem we have is that AMRN did not present an expert who testified as to the proper statistical interpretation of the Mori and Kur studies. I believe this would be treated as a matter of interpretation based on recognized principles of statistical science. That was a HUGE mistake. That is why AMRN could not and did not make arguments on the key statistical interpretation point that has been made on this board in the lead appeal brief. It is simply not in the appeal record. So we have to rely on the appellate wizardry of Singer & Co to get this argument into the minds of the panel, but it will have to be done indirectly and subtly. Not impossible, but also hard to accomplish, like boxing with one arm. I am eagerly anticipating the Reply brief to see how they approach it. We may also have to wait until the oral argument.
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