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Re: None

Wednesday, 09/02/2020 5:55:16 PM

Wednesday, September 02, 2020 5:55:16 PM

Post# of 425811
My views: the brevity of OA signals the relative straight forward nature of this otherwise complex case; in other words, while the case is complex, the Du error is straightforward. Dyk was playing role of bad cop, but I believe even he is aware that an affirmation of Du's ruling is nonsensical.
I'm not entirely sure why OA proceeded today, but either way, the harsh reaction is premature and a misreading of the situation. Singer's brief was so solid and air-tight, the only thing Dyk could do was bring forward a "precedent" that wasn't mentioned in either brief: the Novo case. IMO, it wasn't mentioned in the briefs because it's not entirely relevant. While some think Singer fumbled on this line of questioning, I don't. He gave a reasonable and level-headed response. Klein wisely kept his mouth shut and the panel respectfully spared his blushes by not pressing on obvious issues.
I think, like with AdCom, we have a pleasant surprise coming.
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