And when Du asks in oral conference what science should have been barred from Court in her gatekeeper function, you can just tell her she should have known in advance that the perfectly good science of Mori and Kurabayashi were about to be rendered suspect by statistical mischaracterizations.
The three CAFC judges, who handled the Amarin appeal of judge Du's decision to invalidate the Marine patents, chose to deny the appeal without comments.
In the current rule 60 appeal case,if judge Du were now to vacate her decision to invalidate the Marine patents, it might prove embarrassing to the CAFC and by extension, embarrassing to judge Du.
Considerations such as these, might be instrumental to the results of the rule 60 case, even though they might be in conflict with the facts introduced into this case.
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