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Bouf

05/28/20 8:54 PM

#276825 RE: IgnoranceIsBliss #276824

TT—no it is not de novo review on fact questions, such as which expert the trier of fact chooses to believe.

De novo review is only for legal conclusions.

B

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Bouf

05/28/20 9:00 PM

#276827 RE: IgnoranceIsBliss #276824

One problem in the appeal is that the trial judge was able to cite testimony of Amarin’s expert Dr. Toth, for several of the findings on which the obviousness ruling was based. She relied on his testimony for a reason. I did not see any clear explanation in the AMRN brief why this testimony did not support her findings.