The one big thing missing from the Amicus is a clear nexus to the improper weighing of the objective indices, which would have paired nicely with Singer’s brief. Kurbayashi was improperly presented with a cropped table and testimony from Heineken that led Du to wrongly accept the prima facie case as being strongly in favor of obviousness. However, the objective indicia and secondary considerations exist to protect against exactly that - an import per or erroneous assessment of the prima facie. The unexpected results and commercial success should have been a clue for Du that maybe she was understanding something incorrectly - for example, the historical studies did not truly prove what she thought they did. So objective indicia should have saved her. But she discounted it using improper methods of analysis.