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Lemmiwinks

06/05/20 9:01 PM

#278321 RE: Bouf #278311

Because it was not known.

alm2

06/06/20 3:29 AM

#278384 RE: Bouf #278311

Explanation to FC -Singers obvious point I will be - the statistical error in the Mori study has only come to light since the DC trial was concluded.

Let us say the principle fact in a litigation case was that the world is flat - after the trial clear incontrovertible evidence proves the fact that the world is round and the original study upon which the flat world was based was thus clearly erroneous
Does the original decision stand on appeal.? Because the new agreed fact -a round world -is not admissible ?
There will be a way in to the appeal for correction of clear error ... do the generics fly in the face of the new evidence - still claiming the world is flat based on what is obvious earlier error ? Before the FC ?- lawyers will never make fools of themselves in the eyes of an appeal court by claiming an erroneous fact is true
The issue may be however - is there clear and indisputable (by anyone/by the generics) error in the statistical analysis contained within Mori ?
The generics may worm away at not accepting there is such error
The new Bhatt evidence best be absolutely right !!!
Alm

sts66

06/06/20 3:12 PM

#278526 RE: Bouf #278311

This could not have possibly been presented at the original trial, it's a brand new paper that was just finalized yesterday - I checked the PDF properties, Created: 6/5/2020, 8:14:37 AM, and Bhatt didn't tweet out the news and link to the paper until 3:46 PM the same day. Question is how do we get the CAFC to read the paper - an Amicus Brief?

And yeah, Covington blew it bigly - this is the second significant statistical error from a study used in the trial to "prove" obviousness that they didn't find because they clearly didn't have a biostat person on staff looking at Mori and Kura results.