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Avanir Pharmaceuticals, Inc. Message Board

  • placesontherun37 placesontherun37 Nov 20, 2013 6:39 PM Flag

    No reply letter...

    From Fineman or from any other other defense counsel to Morris Nichols' plaintiffs' counsel Maryellen Noreika's letter yesterday to Judge Stark thus far on PACER..

    Sentiment: Strong Buy

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    • Still nothing at 8:15pm

      • 1 Reply to spook2b
      • I just refreshed at PACER now, nothing new now, either..a lot of times these letters are posted late, though..if there is nothing counter veiling in the trial transcript or some other document..will we see "silence is deafening approach" by defendants. i.e. no "rebuttal" letter attempting to keep the 29 DFFs in evidence?? I don't think this "silence" approach is a very good idea and would most likely serve to tick off Judge Stark even more...there really should be some attempt at an explanation...I still expect a rebuttal letter to be posted by Fineman or Carlan soon..

        ...Assuming, of course, that there is anything to "rebut" with...those two statements in the trial transcripts cited in Maryellen Noreika's 11/19/13 letter to Judge Stark, as made during the bench trial, with Judge Stark present, on 10/15/13, by defense attorney Janine Carlan, who is a partner at the Arent firm, who makes a million a year, and who is a 15 year veteran patent lawyer, not some tyro, do not augur well for the defense IMHO...

        So if these DFFs are stricken, the defense case will be weakened further, as 28 of them go to the '282 and '484 patents, the heart of the case...

        Sentiment: Strong Buy

    • Thank You as always!!

      Sentiment: Strong Buy

    • Thanks Place!

      Sentiment: Strong Buy