Replies to post #330937 on Amarin Corp Plc (AMRN)

[marjac]

One of my favorite moments in this whole process will be the argument of this point:

"Look at our Exhibit F, the Kurabayashi paper. Now look at Table 3, it has five rows. Now look at Defendants' Post-trial Findings of Fact (their final submission before the Court began deliberating on its decision), there are only three rows. Now look at the Court's Opinion, there are only three rows. HOW DOES THIS HAPPEN?

How do Defendants submit Table 3 with only three rows, conspicuously missing the "NS" portion which would directly contradict the Court's decision? HOW IS THIS TOLERABLE OR EXCUSABLE UNDER ANY OBJECTIVE STANDARD? Most respectfully, this Court was misled by this alteration, as evidenced by the three row Table from Defendants' Proposed Findings of Fact being copied directly into the Court's Opinion. The Court's wrath needs to be directed at Defendants in the form of vacating the Judgment."

[HinduKush]

LTRO

However, regardless of Heinecke's level of statistical expertise, as defense's expert, he had a duty to get the figure right, and his documented training indicates that he knew in advance that to commit the infraction that he committed, could be held up as potential fraud.

In point of fact,
The good Dr H elevates his credentials far higher than the lowly office of a medical expert. He is self-declared to Sipes in the deposition as a scientist with a PhD who leads a laboratory that has several million dollars worth of Nat Institute of Health Research Grants. Be it known in the land, therefore, that he is eminently POSA qualified to opine on all matters medical, scientific, and even apparently those that are strictly legal (claim construction). The idea that he would not be an expert on what is an elementary statistical data analysis concept of the kind we point out in the Rule 60 brief is laughable to the point of ridiculous. Oh yes, he knew alright, but he felt he could get away with it because of some bogus claim construct shenanigans his attorneys cooked up and sold to him as kosher law. The table cropping, legend expunging and the Heinecke stats fantasy they bolster, all fit together--this was NO random slip of the pen (or mouse).
HK