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.
B
B