HD - brilliant finding as per your post that Kurcbayashi WAS considered by the POSA as to the Amarin patent application - Judge Du is thus wrong in her reference to this NOT having been considered by the POSA!!!! R Mitra has already done a brilliant job on destroying the judges findings on the Mori trial study- she has made a serious error as to fact on Mori which the appeal court can examine and rule against her upon - now what we need now is for R Mitra if he would be so generous is to do an analysis of Kurcbayashi - you express that the POSA found it was statistically significant - the judge has asserted this study was evidence of obviousness - although wrongly suggesting the POSA had not considered it - it would be a double whammy if in fact on a proper statistical examination this study was not statistically significant - neither Mori - which it now can not be -or Kurcbaysahi -could then be considered factually correct and the judge would have made serious error on both these study assessments by her - can posters who can contact. R Mitra beg him to undertake this exercise This is crucial to winning the appeal on the test of obviousness - we are home on Mori - Let’s see if the same applies on K. I am a trial lawyer in uk - this is how you win appeals - chew up and destroy the basis on which you lost at first instance Why there was no statistical expert report / statistical evidence called on these studies is incredible - they should have been blown out of the water !!!! Alm
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