Amarin Corp Plc (AMRN): CBB, If the CAFC either as panel or en... (2024)

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CBB,
If the CAFC either as panel or en banc, lets this Du decision go without correction, there will be an enormous uptick in this sort of generic litigation. It will be as you say, the type of litigation that hopes with multiple strikes on goal the inevitability that stems from the law of probabilities, is that they come out with a score. Both the chief Judge Prost and the others deciding this will be all too aware of the consequences of letting this egrergious decision thorugh whatever their individual political leaninigs or personal preferences in prima facie vs. objective indicia obviousness analysis. A ratification of the Du decision will also mean (and there is no escaping this) a deliberate decision to overlook "clear factual errors" in the Du anlysis, that when addressed, leave one with no choice logically or ethically but to either reconsider the entire trial evidence, or reject the Du judgement. Quite simply Du was hood winked scientifically and legally by a clever legal team and her own inexperience.
HK

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