100% BLAME: Amarin's 1st Legal Team for completely botching the Mori Evidence...
Pre-Trial, Trial, and Post Trial Briefs! 3x's they let Mori go on by.
Can't blame Due: She decided primarily on Mori.
Can't blame Singer: He cannot introduce old or new evidence and Novo (case Precedent) allowed SC's in 'out of order'.
Cant blame the Appealant Judges: They can't allow new or old evidence and Novo (case Precedent) allowed SC's 'out of order'...
Amarin's 1st Legal Team completely dropped the ball 100%.
Even the Generics Lawyer said in his OA in closing (in similar words): They just want to go back and look at old evidence that even their legal team let in and didn't challenge!
On a whole separate note:
It is just unbelievable to me that once the 1st trial is done, you cannot go back and reverse a case on Appeal with corrected evidence that was intentionally edited to favor the Defendants.
I've said a few times there is a potential path that was mentioned in Novos closing Summary by the Appealant Judges that said had (bad) evidence been used that was intentionally compromised or used in favor of correct evidence, a "But/For" review could have occurred. Novo (who like Amarin lost) pointed out a problem with evidence that they felt compromised the Trial. (Their appeal was also based on the mishandled SC's.) THE JUDGES REVIEWED THE BAD EVIDENCE!!! The Judges said in closing that the issue with the evidence was not enough to change the Obviousness determination YET it certainly would have in ours! Had Singer noted this and expressed it when asked how our case mirrored or did not mirror Novo, he could have said it was similar YET "BUT/FOR" the bad evidence introduced by the Defendants, this case would have been different. In Novo, the Judges said there was no bad evidence that would have changed the outcome! This potentially would have given our Judges something to grab on to seeing it was allowed in Novo. Dyke or Reyes said: There are cases already out there that we have to follow (such as Novo that I believe made it to the US Supreme Court of Appeals which is why they used it as the backbone of their decision - it set a Precedent regarding how SC's no matter how they are viewed must be strong enough to over-take an Obviousness decision - unless you have "But/For" evidence that they implied would have been considered in Novo.) Singer "hoped" they would review it with the understanding that the Judges did not have to or maybe aren't allowed to in an Appeals case - yet the Summary in Novo appears to allow it... (Maybe Amarin can use this in their upcoming appeal...)
Back to our 1st Legal Team:
How could they have not challenged and beat the daylights out of every single shred of evidence that the Generics threw out??? We're they sleeping that day when Mori was presented? Pre-trial, Trial, and Post Trial??? Yet cropped evidence made it thru unchallenged???
Where did it all start!?!
That is 100% where we lost the case!
Billions and Billion lost over mis-handled evidence by our legal team in the original trial!
