Thursday, November 04, 2021 4:55:14 PM
I am not familiar in detail with USA court procedures but logic dictates that the Judge has not rejected the Magistrates conclusion
If he had he could have simply ruled to dismiss irrespective of any further hearing - despite her recommendation that the case should not be dismissed
The only logical explanation is that in addition to the procedure undertaken by the magistrate in her hearing from the parties before writing her report / recommendation -and the Judge thereafter considering that report - (but see below)is that he also wished to give the parties the opportunity of making oral argument before him
They did so
He will now decide taking into account everything
Her report
Oral arguments before him
I do not share your view/ interpretation of the oral arguments hearing being for the first 2/3rds the Judge onside with generics
What I did clearly detect was lack of familiarity -frankly if the judge had read in detail and digested Magistrate Halls report that would have been reflected in informed observation from the Judge which was conspicuously absent
I did consider that he had bearing in mind the test to be applied more than adequate argument from Amarin to rule that the case should not be dismissed at this stage - thus it should proceed to trial - and his observation ultimately seemed to support such
Alm
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