The call...
I listened to it twice. I walked away with the same conclusion both times. In my opinion there’s nothing from the call that would lead me to believe that we lost or won. I would have to believe that the briefs submitted will weigh heavily on the final decision.
The lack of questions with the exception of justice Dyk was a bit odd, yet was it? In my view, the questions that were asked were a look inside to how a particular justice was thinking or needed clarification.
Dyk: based on what we know, was his questions around the other case a surprise? Probably not. I think he allowed Singer the opportunity to counter and I believe he did it well
Reyna: again, his question was more of an invite to Singer to better explain and make the case. I’m not sure it was a true challenge to Singer. In my view Singer responded well. In fact, I think Singer asked justice Reyna if that addressed his question (paraphrased). I believe the judge indicated that it did.
Hughes: total silence. Reminds me of Justice Clarence Thomas. Does Hughes have an opinion and a strong one that didn’t require questions? Perhaps
All in all, I think our board, the market and some analysts judged these 21 minutes harshly.
Go back to the brief Singer submitted. Look at all of the analysis from the board, outside legal minds and analysts. The combined input essentially gave Amarin a fairly decent chance to prevail. With most of it being influenced by the judicial errors of Judge Du.
What one thing stands out that would make you think that a majority of the justices would side with Du? Even after looking at our brief and all that we know (the brief is most important), what would cause the justices to say in spite of all that you have found and submitted, we believe judge Du is on very solid ground, so we affirm. What could they pinpoint to make that claim? Isn’t that the question?
This case is complex. Thirty minutes isn’t enough time. However today it was. In fact it took less than 22 minutes.
That tells me something.
Reyna had a question and he got it addressed.
Hughes was silent. He probably has a position. No questions needed. Just look at our brief.
Dyk, well we will see if Singer’s responses were enough to address his questions.
I think our brief makes things a bit black and white. The brief brings real clarity to this case.
For as much as I hate the crap we all have to go through, this call included, I still believe we are good.
JMO
Be well
