Amarin Corp Plc (AMRN)

[eightisenough]

ilov-on appeal all "facts" of trial court are deemed to be true. Otherwise every appeal is a new trial. That's is why its seems so onerous for us--b/c to overcome factual errors you need to show clear error--which is a very high level.

However, the sec. cons. issues is mostly a law issue and that is why most argue it is the easiest way to overturn the ruling. The weighing of sec. cons. against each other has no basis in law. And most cases hold that the analysis of prime facie must be done together with sec. cons...

The prima facie argument is harder b/c Du relied on generics expert over AMRN's expert Dr. Toth. This is mostly a fact issue whether a person of skill would have thought vascepa was obvious at the time....

Yet in Reply Singer gets around this high burden by showing it was clear error to follow their expert b/c he went against all scientific understanding of the time AND his argument was conclusory--which is not enough to fulfill their initial burden a clear and convincing...

Hope that helped.