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Re: money_man post# 295307

Wednesday, 09/02/2020 9:38:06 PM

Wednesday, September 02, 2020 9:38:06 PM

Post# of 425915
Great questions, money. Whether a new trial ensues on remand depends upon the remand mandate from the Federal Circuit. They could remand the case for a new trial, or I think it is more likely that they would remand for what is known as a plenary hearing where the court holds a hearing almost like a motion argument, with perhaps some witness testimony, limited to the scope of the remand.

I agree with India on the timetable. As I stated before, Non-Precedential decisions in the Federal Circuit are usually rendered within 30 days, as compared to Precedential decisions that take 4 months on average.

In terms of judicial disqualification, if the Ninth Judicial Circuit concurs with argument made in the Complaint that I filed, namely that Judge Du's "fish oil" comment in the Nevada Lawyer while she is presiding over an ongoing case involving the very product, creates an appearance of bias in violation of Canon 3A(6) of the Code of Judicial Conduct, then the Ninth Judicial Circuit could order the recusal of Judge Du from any further proceedings involving Amarin.
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