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vtem01

03/30/20 8:02 PM

#258161 RE: jessellivermore #258110

JL,

You absolutely nailed it, the judge seemed to proficient other than science and biology ?!

Who picked the court and who preferred bench trial.

Sad, sad.

Jvee

03/30/20 8:09 PM

#258174 RE: jessellivermore #258110

And so the only answer can be:
1. The judge is an idiot; or
2. Corrupt.

Billions at stake, how could she get it so wrong? Number 2.

jomama9231

03/30/20 8:32 PM

#258220 RE: jessellivermore #258110

Agree JL. A very tough day. I read the opinion in full. She relied on a “hypothetical patient” in Mori with Tg> 500 to conclude that Epa was shown to reduce TG and not raise LDL in pts. She states Mori had pts in the Tg> 500 group (even if it was one) and that’s enough to say it was obvious and that the results would not be limited to just the Tg< 500 group. You and I both know a three arm trial of 20 pts each with maybe 1 having TG>500 is not scientific evidence. I can’t put into words how I feel after reading this brief. I hate to say it but I can’t conclude anything else other than she was paid off. I’m long guys. Painful hit today.

marjac

03/30/20 8:38 PM

#258232 RE: jessellivermore #258110

JL,

You made couple great points which could form the basis for success on appeal. While I am not familiar with the Friedewald Equation, I trust your familiarity and what you say makes sense.

Where you really crystallize the Judge's screw-up is with the Lovaza comparison. As you say, if Lovaza the mixture of EPA and DHA lowered trigs, but raised LDL, then how is it obvious that EPA would lower trigs but not raise LDL?

Judge Du (@ page 60 of 70) relies heavily on the Mori study in 2000 (59 patients) for the proposition that it was known that EPA decreases trigs without raising LDL, while DHA raises LDL. What is your rebuttal to the Judge's reliance on Mori? Given your expertise, any feedback would help my understanding from a legal perspective.

labner

03/30/20 8:48 PM

#258252 RE: jessellivermore #258110

Jesse,

A poster on Yahoo states that the Patent Office can overrule a district Court, have you any experience with this.

Thank you in advance
Laura