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mc1988

04/07/20 10:39 AM

#263439 RE: IgnoranceIsBliss #263421

I'm not a lawyer so I won't be able to answer how the issue you highlighted would be treated in a legal context. Outside the legal context, I would say that it is indeed difficult to conclude anything about Asians *generally* if the study isn't designed to study Asians in particular.

Ultimately, I do think, as with a few other posters on this board, that a strong showing of secondary considerations should eventually tip the favor towards Amarin during the appeal.

Important: Do note that whatever I said in this post https://investorshub.advfn.com/boards/read_msg.aspx?message_id=154817645 is incorrect, as explained by rmitra here https://investorshub.advfn.com/boards/read_msg.aspx?message_id=154822067 (I agree with rmitra's reply.)
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Laurent Maldague

04/07/20 1:22 PM

#263527 RE: IgnoranceIsBliss #263421

That's my reading of the Hayashi discussion too. Just speaking from my impression, it seems very strange why the > 500 TG was harped on by defendants and reaffirmed so strongly by the Court, when

"Hayashi does not report the LDL-C data of patients with triglycerides > 400 mg/dL
because Hayashi used the Friedewald equation to calculate LDL-C levels. (Id. at 5; see
also ECF No. 367 at 798:23-800:7.)"

It also seems strange that greater than 500 TG is an important point to highlight in Hayashi, yet in Mori it's somehow not as important? Greater than 500 TG seems materially extremely important since that's explicitly what the patents claims are about.