It can absolutely be raised on appeal. Kurabayashi was part of the record. Even if the Table was not emphasized below, it can certainly be emphasized in rebuttal to Judge Du's findings, and it would be malpractice on the part of Amarin's lawyers not to do so.
They should proffer your excellent argument below, and reference the Table as well. On appeal, no lawyer, no matter how experienced or astute, can definitively handicap exactly what point will provide the catalyst for reversal.
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