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06/07/20 5:25 PM

#278767 RE: slitchfi #278764

Singer may be provoking generics attorney with this paper....perhaps how and if they respond will be a good opening for Singer...brilliant
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marjac

06/07/20 5:30 PM

#278768 RE: slitchfi #278764

I agree. I think the sentence you pointed out has all the markings of an attorney edit with an eye on getting the document admitted to the record.
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rafunrafun

06/07/20 7:43 PM

#278775 RE: slitchfi #278764

S - excellent post.

The “error” is solely Du’s and was only brought to light in her post-trial decision.


Should Covington have presented this statistical analysis at trial, so that Du could not possibly have extrapolated Mori results as she did?

I am not trying to Monday morning quarterback but rather trying to understand if Du's decision could / should have been expected and better prepared for? Or was it so fringe that no reasonable person could have foreseen it?

My thinking is that Covington knew which studies Generics would use, so why not hire a bio statistician to analyze every single data point in these studies, to prevent the possibility of such fringe decisions; take away any possible ammo from Du...?
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Bouf

06/07/20 7:51 PM

#278776 RE: slitchfi #278764

Yes, what is still unclear is why AMRN did not raise this argument at trial in the face of heavy reliance by the opposition on Mori.

Any thoughts on why would be useful. To me, I do not understand this decision, but I also know that there are many tactical decisions made in a trial based on how the evidence comes in and how the arguments unfold. Very hard to understand in hindsight even if one were to read all the transcripts.

Good news is that everybody reads in the online world, even CTA judges and (more importantly) their law clerks, some of the most talented law grads in the country. They will read up on Vascepa and it’s history for sure. This new statistical analysis will not go unnoticed, even if it is not technically part of the appeal record.

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