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Thursday, October 28, 2021 2:52:54 AM
Well the first thing to say is that Amarin and it’s lawyers will have been reading the case papers in the Rule /24 and Rule 60 case - so they know the story in detail and from the inside also !!
They will have seen Genrics trying to pray in aide the fact that Amarin have not supported it
The second thing to say is Amarin have not brought this case (obvious I know)- if they had the Rule 24 issue of standing would not be in issue - however -Amarin may have faced in bringing this case issues as to why they did not seek/ provide evidence on certain matters in the original trial - thus Mori - why did you not challenge the statistical findings of Mori through expert evidence ?- thus -you could have instructed an expert to do this but now that the case has been found against you you want to start all over and bring in new evidence - so there may have been hurdles to overcome - as to K study and cropped table - why did they not see this / object to it when it first appeared in case papers ?-they could have gone straight back to Du when this materialised and said hang on here Judge you can’t use this cropped table in your judgement it’s plain wrong to do so it’s misinforming you
But we all know they didn’t
They did not object to theRule 24/60 - well it would be hard /astonishing to all if they did - but support ? Exactly how?
Difficult perhaps - because how could they- they would be admitting errors/ things they did not do / got wrong in the trial / where would that leave them / their lawyers ? But also an outside party to Amarin independent of Amarin has been able to bring this case and present it unfettered by Amarin as to what iAmarin did or didn’t do
That outside party can present the facts - as so admirably Marjac and his team have done
Amarin not supporting is a nothing point in the litigation - generics have no weight at all in this point (see a post I wrote on this very issue)
So I do not see actually great value on Amarin “supporting “this in the litigation itself
As to how they could do so at this very late stage is also questionable ?
An amicus brief - would they have standing as a litigating party to provide such ? I doubt it
Seek to take over the litigation from Epadi ? Not sure how that at this late stage they could possibly do this
So we are we’re we are on this
Marjac reply due in by Tuesday ... he will be busy signing it off now
It will be brilliant in its destruction of the generics case
It’s all about whether the FC will bite into this case
Right panel and we could have fireworks going off
Alm
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