Replies to post #263346 on Amarin Corp Plc (AMRN)

[anfla]

He does seem to be right that they can motion to reconsider AFTER they file appeal. I don’t see a reason not to do so - you just clarify the false finding of facts that is very straight forward. For example, clarify that Kurbayashi did not find that there was a statistically sig reduction in Apo B compared to control. Apo B changes over time but so did control and there was no difference. This one simple fact could change the ruling since she interpreted the prior art incorrectly and it’s very simple to correct her understanding. Doesn’t mean it’s likely to break through her preexisting opinion but why not file the motion.

[invest2992]

Can an individual or other party file an Amicus Curiae with the appellate court in this case? Making some of the points that have been made on this board and which may or may not be made by Covington?

[Biobillionair]

Keyser- It’s possible to do both right? By filing the notice of appeal you more or less lock Du into either reconsidering or not...no way for her to muddy the waters further. I could be wrong but I still think motion to reconsider is live until Friday.

I think when facts are incorrect its possible to do both in this order...I could be wrong, below is an opinion that states “usually” Judge can’t reconsider,.... but is fact the exception? If Judge has incorrectly asserted fact I think under rule 60, she can cleanly reverse decision by only correcting fact. The fact Mori is irrelevant to Marine flips her decision....nothing for Defendants to whine about and the defendants can then appeal on procedure and the correct facts.

JMO

It depends. In some cases, you can file both a Motion for Reconsideration and, if the judge does not change his or her mind, you can then file an Appeal. After you file an Appeal, the Judge usually cannot reconsider his or her own decision. ... You cannot appeal every decision that a judge makes.

https://www.lawhelp.org/dc/resource/appeals-and-motions-for-reconsideration-in-la

[jessellivermore]

Keyser....

Good post...Quote.."Her errors (Du's) are in stone--Covington gets to address them, without her trying to re-characterize them as something they are not."

Amen...":>) JL

[ilovetech]

Keyser, I buy the strategy, and most importantly, the inevitable outcome. Amarin could rebuild the PPS through well crafted well placed PR. Why should investors grasp for information from clickbait pushers who have their own agendas? Will it work? Who knows, but silence is inexcusable.

ILT

[Tal10]

Incorrect, as posted earlier. A motion to reconsider can still be filed. The notice of appeal will automatically be dismissed and would be refiled if the decision was still for the defendents. North also pointed out another means.