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Re: sts66 post# 299490

Wednesday, 09/16/2020 10:47:14 PM

Wednesday, September 16, 2020 10:47:14 PM

Post# of 424170
Singer will be filing a new brief seeking en banc, probably arguing that the Panel's decision contradicts other Circuit precedent. The three judges on the Panel vote on granting en banc, but the decision is made by all 12 of the judges. Amarin needs 7 of the 12 to vote for en banc.

My theory in the Amicus, is by focusing exclusively on the fraudulent evidence and statistical mistake, the court will be offended as an institution, and seek to remedy these problems when they ordinarily would not do so. The goal of this Amicus filing is in fact to offend and provoke. Desperate times call for desperate measures.
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