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HinduKush

09/18/20 11:02 PM

#300056 RE: hayward #299915

Michael vtem
The jury on this board is divided somewhat on whther this was deliberately cropped or not. The fact remains that the Interpretation of the Table was scientifically incorrect even by Heineke's admission in depositions submitted by Covingtom. It was the basis for dismissal of the non-obviousness case for Apob made by the USPTO. Never mind any population based ssevere TG arguments. IMO therefore that negatiion of the patent examiners finding and the patent was based on CLEAR scientific error -period. All the rest about expert witness debate and Du's judgemnet on this I set aside. There is CLEAR judicial eror in assessing scientifc undisputed facts.
HK
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ziploc_1

09/19/20 8:05 AM

#300067 RE: hayward #299915

Singer did not give enough emphasis in his brief and oral argument to the cropping of the bottom of the Kura table...Since this very important incident should have been picked up by Covington...(and not doing so was malpractice)...Singer did not want to burden his friends and colleagues at Covington with having to defend a malpractice suit...Without this cropping of Kura, the outcome of the patent suit would have been very different...In judge Du's brief, the "obviousness" of Apo B being lowered by EPA was critical in the Prima Facie evidence, which she based her decision on.
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circuitcity

09/19/20 10:25 AM

#300077 RE: hayward #299915

It is another mystery I guess, at least to me.

I was super happy to find out and confirm (not by me to find it) this error not long after 3/31, but then people got so excited by hiring singer and his record. Then he did his brief, “chanpanzee” (a word I never will and want to remember) as first argument, on and on. I did not even know whether mentioned this error or not, that is why I was asking on the board right before 9/2. And then he fumbled on 9/2, I guess it was fair to say.

So what really happened with this finding with him: did he not fully get this error, was he told go easy on this so to protect convington, or too much ego with his own way and argument? We probably will never find out again just like the settlement talk details.