Replies to post #359414 on Amarin Corp Plc (AMRN)

[Meowza]

she also has in interest not to overturn HER ruling

She has an interest in taking the "kick me" sign off the court's back. Especially after someone spelled out how badly she looks like a dupe.

[alm2]

8 - Marjac

8 - Du - I agree courts are v reluctant to criticise their own - and making out Du to have her own agenda is wildly dangerous

As I see it the FC can simply be told the story of what happened

Du heard the case
She announced that POSA did not consider Kura(she is probably quite wrong as K
was referenced)
She did consider Kura
She reached view that POSA would not have granted patents if had considered Kura as would have assessed patents as obvious (based on her mistaken understanding of KuRa)
She rectified the position by applying her understanding of Kura and thus finding patents obvious
But she was misled by fraud at worst / mistake at best into the completely false view of KuRa (generic expert evidence and cropped table -Epadi expert Jarvis makes this plain )

The reality is PoSA got it right

And Du was misled into getting it wrong - not her fault

Du also relied on Mori - again she was unaware of statistical incorrectness of Mori - not her fault

We don’t have to blame Du as to the patent trial
We do have to assert that she got it wrong as to Rule 24

Alm

[marjac]

eight, thank you once again and as always, for your beneficial insights and analysis. When reading, I could not help but harken back to the scene in the movie Patton when the reporter asked, "General did you say that if you found your army in-between the Germans and the Russians, you would attack in both directions?", to which Patton replied with a sly grin, "No, but I wish I did."

That sort of exemplifies how I feel about this situation. On one side we have my constituency, my people, the loyal long Amarin shareholders whose final well-being and aspirations were inexcusably irradiated when a nuclear bomb was dropped on the company's stock on March 30, 2020. On the other side, we have all those responsible for the devastation, specifically, Judge Du, Amarin's management, Amarin's lawyers, and the generics themselves.

All are at least to some degree responsible. All have acted to some degree wrongly, negligently and/or unlawfully. All should be held accountable, and nobody gets a pass.

As lawyers we know the concept of "joint tortfeasors" and "comparative fault". All of the above fall within that category. We also know that in terms of causation, the test is not the "but-for" test (limiting causation to a singular factor), but rather, the test is the "substantial factor" test meaning that where there are multiple causes, as long as a given cause is a substantial factor in bringing about the harm, there is liability, even if there are other causes which might also be substantial factors in bringing about the harm. I find it unnerving when I see people who should know better, giving any one of the substantial factors a pass.

I do not dislike Judge Du. I dislike her infidelity to the Rule of Law in the case, her disregard of the truth, and her putting her so-called self interest in not overturning her ruling ahead of facts, law, science, truth, and all of the people who were hurt by that ruling.

Rather than getting the better of me, that dislike for her role in this abomination, fosters a sense of purpose. To prevail on this Appeal, we need to show that she "abused her discretion". As a result, a large part of our emphasis must be placed upon what she did wrong.

I agree in totality with your last sentence.

[ziploc_1]

eie...My wife feels that I am the most cynical person in the U.S...but finally,I can tell her I have found a person more cynical than I am.

As an aside, I agree with both eight and Marjac and I am not so cynical as to refuse to believe that justice will prevail here.