Markman is taking a very conservative view but I have to believe that Singer will find a way to get this paper's conclusion on the record during the appeal. Either as an attachment to the reply, an amicus brief, or by referring to it during oral arguments.
Got an idea to make this paper admissible. During trial, amrn argued mori does not even share same population with marine, therefore mori’s statistics is irrelevant if the argument is won. Now since DU’s ruling has adopted mori as prior art, following DU’s logic (not saying she was right), let us put mori under review, still should not conclude obvious.