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Re: marjac post# 323586

Thursday, 02/04/2021 3:45:43 PM

Thursday, February 04, 2021 3:45:43 PM

Post# of 425847
M—being devil’s advocate, proposed findings are not evidence. I have not gone back to the trial record, but presumably the full K table was put into evidence by the generics, so that evidence was before the court. It was open to AMRN to argue this point to the court when the generics filed their proposed findings. But we don’t know why they did not. It was also open to AMRN to argue the point on appeal that the trial court decision was based on an erroneous interpretation of the K table.

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