Bouf, good questions. Let's assume for a second that it was not in the trial documents or AMRN's reply brief. Can Singer somehow work it in the rebuttal brief assuming the generics mention Mori when talking obviousness in their response brief? If not, what's to stop Singer from pointing it out at oral arguments?
Bouf, it doesn't make sense that they have to stick with what was already submitted. A completely new evidence which could tell the truth should always be allowed irrespective of anything.