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circuitcity

10/10/20 12:34 PM

#304295 RE: Biobillionair #304292

BB, I have same question mark for your statement, just went to Markman website to see the exact quote by you. Imo, it can read both ways: one way is yours and another way is that they have voluntarily covered/analyzed amrn case.
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irishpaddy

10/10/20 2:17 PM

#304314 RE: Biobillionair #304292

Are we sure that they are consulting for Amarin
Is it possible they are consulting for Hikma ?
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marjac

10/10/20 2:21 PM

#304316 RE: Biobillionair #304292

EXACTLY, BB. EXACTLY. Beautifully stated. Markman's analysis is off. Plus the real Kurabayashi table being an "exhibit", among 2000 trial exhibits, does not save the generics, as it was the cropped table which appeared in their Proposed Findings of Fact, and it was the cropped table which appeared in Judge Du's Opinion. She did not copy the real table, she copied the cropped one.

Moreover, as explained in our Brief, the Therasense case, an en banc decision of the Federal Circuit, holds that when there is a situation of unclean hands/fraud on the court, one does not even have to prove materiality. What Markman did was just rattle off his perceptions based upon his understanding, without actually reading the Brief.