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Monday, June 29, 2020 10:06:38 AM
Mistake #4 was the fudging of Dr. Toth's testimony--here he included it:
In section I.(B.)(3) Singer showed how Du fudged Dr. Toth's testimony:
"The district court's analysis was equally conclusory-relying on off-point testimony from Dr. Toth that medications that reduced triglycerides in patients with triglycerides below 500 would likely also reduce triglycerides in patients with severe hypertriglyceridemia and then faulting Amarin for providing "no reason to expect differently for LDL-C" in the key finding copied from Defendants.
Mistake #2 was that Du claimed AMRN "lacks evidentiary support that patients with TG levels above 500 mg/dL respond differently to TG-lowering therapy than patients with TG levels below 500 mg/dL.""
In section I. (B.) (3) Singer included this point as follows:
Defendants, and the district court, never explained why they thought this understanding was incorrect, or why it would not have led skilled artisans to conclude that a drug for lowering triglycerides in severe hypertriglyceridemia would likely raise LDL-C substantially, regardless of its effect in other populations. Even now, Defendants' brief does not so much as mention the word "mechanism," even though it is critical for setting the expectation of a skilled artisan....
Defendants instead continue to insist (at 47) that the evidence of dramatic LDL-C increases seen with Lovaza®, fibrates, niacin and even diet is "irrelevant."
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