Amarin Corp Plc (AMRN)

[marjac]

Our Federal Circuit appeal just received a gift. Hat tip to team member Steve Lakey for finding this gem.

Earlier this month the Federal Circuit affirmed the grant of Rule 60 relief based upon fraudulent expert testimony. Although this case affirmed the grant of Rule 60 relief, while we are seeking the denial of Rule 60 relief, we can nevertheless use this fresh Rule 60 precedent to great effect.

In the ironies of ironies, the opinion was written by Judge Dyk, and joined by Judge Hughes, both of the infamous Rule 36 Panel in Amarin's original appeal. This is a tremendous omen that we can received a fresh and fair evaluation from the Federal Circuit, as my biggest concern--Panel composition--may not be a concern at all.

This is proof positive that even if we receive what is perceived as the worst possible Panel composition, we can still prevail. The issues presented in our Appeal -- Fraud, Mistake, the unenforced broad, liberal standard governing intervention -- are very different than the primary/secondary balancing factors forming of the basis of Amarin's appeal currently being reviewed by the Supreme Court. Hence, the potential for a more favorable reception.



https://www.jdsupra.com/legalnews/judgment-vacated-under-rule-60-b-3-8286782/