Amarin Corp Plc (AMRN)

[lettruthringout]

HK - saying something was deliberate isn't proof

Again, I applaud the job done by you and Marjac on the motions; it is fantastic work.

But,

"The legend describing the lack of intergroup difference by student unpaired t-test for each time point was deliberately omitted

"This Court was misled by a deliberate misrepresentation of the scientific truth, hidden behind a cropped table with a critically omitted legend,

It is a high standard for intentional misrepresentation, and it should be. Like you might have a recording of a conversation indicating that "the table must be cropped in order for us to win." Or the statistical significance levels were whited-out.

But, gross negligence by an expert in the statistical subject matter of the testimony given in court is tantamount to fraud without needing any proof of intentionality. I just think the team needs to consider other options to get to the same point rather than relying on language like "Defendants have hidden the fact" (deliberate concealment) and "deliberately misled." I'm sure marjac will plead various alternatives if the case gets further along but I just don't see the direct evidence of fraud. That kind of rhetoric might be fine for closing statements but might be seen as hyperbole at earlier stages. It is early yet, and you can always rely on the fact that you knew that defense's medical expert was previously on record as indicating that omitting less-supporting information from a figure to make a stronger scientific point raises the specter of fraud.