Concerns? Not in the least. They already argued adequate representation in their Opposition Brief, and we emphatically rebutted that contention in our Reply Brief. I hope they pursue "adequate representation" at oral argument, because it is a losing argument for them.
The burden of proof for inadequate representation is "slight". We need only establish that Amarin "might not" advance our arguments.
Did Amarin pursue the Curfman/Bhatt statistical mistake argument?
Did Amarin pursue the cropped table and other fraud arguments?
Did Amarin file the Rule 60 motion?
The answer to all of these questions is a resounding "No". Accordingly, there is no basis to argue that there was adequate representation.
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