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Re: MontanaState83 post# 292266

Saturday, 08/22/2020 11:39:43 AM

Saturday, August 22, 2020 11:39:43 AM

Post# of 424560
Montana: Read this post I put up a week or so ago. The Judges will (should) go back and review HOW and WHY Du utilized the SC's to be sure she used them correctly. The HOPE is they will see the 'errors and reliance' on flawed 'evidence':


START:

One thing in the Novo case I find in favor of Amarin is where the Novo Judges say they didn't believe one side "intentionally left out evidence to bolster their case" as though that would be grounds for the case being overturned - see below. That IS a point Singer will make in that the material used by the Generics was intentionally cropped to mislead Judge Du.

"Dr. Sturis was accused of failing to notify the PTO that the original test plan did not include his data calculations at 120 minutes. The Federal Circuit found it to be a nonmaterial omission because it did not qualify as “but-for” material. The Court explained that this was not a case in which adverse results were hidden in favor of more positive data, nor did the omission undermine the opinion stated in the declaration."
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