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rosemountbomber

05/29/20 2:52 PM

#276966 RE: ilovetech #276961

ILT, Raf’s person described Covington’s work in the courtroom as far as detailing and emphasizing the evidence, but if these Covington lawyers did high fives in front of the Judge that truly boggles the mind and speaks to the idea that some people can be very learned and skilled in their profession but still having nothing between their ears.
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HinduKush

05/30/20 2:06 AM

#277058 RE: ilovetech #276961

Well said ILT, persuasion without provoking aversion... the power of the softly spoken intellect always overcomes shouted stupidity. I am not in the group that believes that Covington did a great job and got screwed by an idiot Judge...the wounds were somewhat self-inflicted. Amarin physician witnesses especially Toth and to a lesser extent Budoff, were not used to best effect by Covington to convey the essence of the two populations argument to the validity of the MARINE patent's legitimacy, in an indisputable manner for the judge...Generic's lawyers were allowed too much leeway to distract the issues from the main point and confuse the Judge's thinking about the issues. I don't know why they were high fiving each other--the lot of them have left a big stain on their record.
HK
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Bouf

05/30/20 9:52 AM

#277070 RE: ilovetech #276961

ILT—there is an edge to the Du decision, such as the repeated citation to Toth’s testimony for her findings, etc. It is not uncommon for a Trial judge (or a jury) to react badly to one side or the other on a personal level, with this form of personal bias ending up reflected in the decision. Judges are human beings and don’t always keep their personal biases away from their decisions, despite the promise of impartiality. I would not be surprised if she got turned off by arrogance from the Covington people. The good news is that appeals courts exist to be a check on bad decisions infected by this kind of defect.

I have personally handled two appeals to a state Supreme Court in the last 5 years where the trial judge reacted badly to our client and hammered them both in decisions that could not stand up to scrutiny. Both were reversed. So this gives us some reason to expect that the CTA judges here will pick up on the subtle bias reflected in the decision and not be shy to reverse if they conclude Du was not acting impartially.