One of my favorite responses in the initial brief (footnote)
"4 Unfortunately, in reprinting Table 3 of Kurabayashi’s Apo-B results, the district court’s opinion cut off the inter-group statistical comparison. (Compare Appx30 with Appx88404.) Defendants’ proposed findings of fact did so as well. (Appx102826.)"
fun...Singer did mention the cropped table in the brief, but surprisingly not in the rebuttal...the table was apparently cropped by the defense attorneys...this fact could be elicited by testimony under oath in a court case to provide evidence of judicial misconduct by the defendants in the judge Du trial..The defense attorneys would probably say that it was just an innocent error, but it did have tremendous bearing on the case... This issue could be referred to in a future case against the Generics in event we lose the CAFC appeal and need to appeal to the SC.