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DexCom, Inc. (DXCM) Message Board

bnordheimer 13 posts  |  Last Activity: Jan 20, 2015 8:06 PM Member since: Dec 1, 2005
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  • Reply to

    Legal Update: Post-Trial Briefs Filed

    by fasttimesgrad Jan 17, 2015 3:26 PM
    bnordheimer bnordheimer Jan 20, 2015 8:06 PM Flag

    editroid2, I don't recall where I first saw the statement that he was going to retire and I admit that I furthered the idea without confirming the facts. For that I also apologize. Actually having seen some of the cases he is handling and the decisions he is making I am glad to hear he is not leaving the court.

    Sentiment: Buy

  • Reply to

    what's behind this move?

    by ktajl Dec 31, 2014 10:38 AM
    bnordheimer bnordheimer Dec 31, 2014 10:48 AM Flag

    not sure, but STEM is not moving in tandem.

    Sentiment: Buy

  • Reply to

    PACER-no new postings 12/29 9:45 a.m.

    by editroid2 Dec 29, 2014 9:52 AM
    bnordheimer bnordheimer Dec 29, 2014 9:58 AM Flag

    Thanks Edit. I appreciate that you keep checking and letting us all know what you find!

    Sentiment: Buy

  • Reply to

    Update 12/12 6:20 p.m.

    by editroid2 Dec 12, 2014 6:26 PM
    bnordheimer bnordheimer Dec 12, 2014 6:39 PM Flag

    Have a great weekend. Thanks for the updates!

    Sentiment: Buy

  • Reply to

    Update

    by editroid2 Dec 10, 2014 9:57 AM
    bnordheimer bnordheimer Dec 10, 2014 11:16 AM Flag

    I will simply add that as of 8 am et this morning the calendar still showed this Bench Trial on the books for both Thursday and Friday.

    Sentiment: Buy

  • Reply to

    What I find most telling about STEM...

    by editroid2 Dec 9, 2014 9:16 PM
    bnordheimer bnordheimer Dec 9, 2014 9:25 PM Flag

    I couldn't agree more. While there is a much smaller degree of idiocy displayed on this board as well, at least there are several posters (of course Edit you are one of them) that keep this board interesting and valuable as a resource by actually discussing the science and other significant issues. I admit that I miss reading the insightful discourse we used to get here from TG, but others have picked up a great deal of the load. TG, just nod your head if you can hear me. :-)

    Sentiment: Buy

  • bnordheimer bnordheimer Dec 9, 2014 9:19 PM Flag

    This may all be over sooner than Friday. The 3rd hearing date was added as a thoughtful convenience in case it runs over (especially for those flying in from California). The day off in between was due to a scheduling conflict.

    Sentiment: Buy

  • Reply to

    This is getting sad: STEM's latest action:

    by editroid2 Dec 8, 2014 9:50 PM
    bnordheimer bnordheimer Dec 9, 2014 8:47 AM Flag

    If any of STEM's witnesses are reluctant, I don't expect them to make themselves available for a video testimony where they would be subject to questioning by the other side as well as the Judge. Out of curiosity I would like to be there. I hope that we get timely info one way or another.

    Sentiment: Buy

  • Reply to

    This is getting sad: STEM's latest action:

    by editroid2 Dec 8, 2014 9:50 PM
    bnordheimer bnordheimer Dec 9, 2014 7:18 AM Flag

    This is a good discussion. I note that the Judge was very clear that he wanted to be able to ask questions of all 4 witnesses that he wanted to be present in his courtroom today. He wanted to be able to see their reactions, to see their temperament, and to Judge their credibility by asking his own questions - not only to the questions or the case being put on by the two sides. A pre-recorded deposition is simply not what going to do the trick for him. The burden is highly likely to still be on CUR to show some evidence that Tetzlaff was a co-inventor (as indicated last summary by the Judge). Assuming that Dr. T testifies in detail about his role (and that his testimony shows that his role was significantly more than sweeping up the lab for his buddies) and the Judge finds that no one else is more credible painting a different picture, this SHOULD go the right way. I also could see this being used by the Judge to push the two parties to use some of the allocated time for discussion / settlement purposes. While, I don't think he can make them strike a deal, he can make them understand that he believes it may be in their best interest to do so.

    I feel like the Judge only needs Dr. T to present himself credibly as a co-inventor. I don't think either Dr. W or Dr. R would attempt to dissuade the Court of this too vigorously although they may try to downplay Dr.T''s role if they feel that STEM is more right about this issue than wrong. I guess we should have a very good idea by the end of this how the lab worked back then and what each of these 3 men contributed to this process. Even if there is some bad feelings by W&R about T's actions, they just aren't likely to lie on the stand to support STEM. Even assuming they are upset that he sold his rights to CUR and mucked all of this up, I can't see these men purposely lying under oath.

    So, if Dr. T is credible about his co-inventor role, I think the Judge will rule in Cur's favor and the case off his docket.

    Sentiment: Buy

  • Reply to

    Will Weiss testify in person?

    by editroid2 Dec 8, 2014 12:02 PM
    bnordheimer bnordheimer Dec 8, 2014 7:41 PM Flag

    Edit, this is of course another very good analysis. In simpler terms, Reynolds might get away with acting like Sargent Shultz ( "I hear nothing, I see nothing, I know nothing!") but Weiss cannot really afford that kind of roll. I agree with Edit and don't think Weiss will attend. I think Fräulein Hilda (played by Ms. Beverly Sheridan) is also a doubtful attendee.

    To me the real question is how will Judge Titus handle this if any of these key people do not attend after having months and months for each side to arrange for their witnesses to be present?

    Sentiment: Buy

  • Reply to

    Smoke and mirrors

    by editroid2 Dec 7, 2014 11:44 AM
    bnordheimer bnordheimer Dec 8, 2014 7:04 PM Flag

    Thanks for helping to fill in the blanks.

    Sentiment: Buy

  • Reply to

    Smoke and mirrors

    by editroid2 Dec 7, 2014 11:44 AM
    bnordheimer bnordheimer Dec 7, 2014 9:39 PM Flag

    Thanks to Edit others for their comments here. I have added below a few of my thoughts as we get closer to this hearing (based on my notes from the last hearing): Judge Titus made it clear that he wanted to have all 3 doctors in front of him, plus Sheridan. (I believe that Sheridan was an employee of Calgary University that handled IP transactions such as this one).

    He also indicated at one point that he did not intend to keep this case alive much longer!!!

    He decided to set this issue down for a hearing to give himself the opportunity to hear each witness - "one after the other". Titus preferred to "get live witnesses here". He requested to have all 3 docs and Sheridan to resolve the single issue - "was Tetzlaff an inventor?" He indicated that Cur's burden is to present something that clarifies Tetzlaff's role. "To prevail, Cur will need to clarify Tetzlaff's role". When the witnesses testify in front of him, he expects "to see their demeanor and credibility".

    All of this is based on my notes from the last hearing. I expect this week to end up with any of 3 possible outcomes: (1) The Judge sees that Tetzlaff was in fact an inventor. (2) This goes to trial. (3) The two parties work out a settlement before or during the hearing.

    I will leave hope and emotion out of my comments and look forward to seeing how this goes but I would not be at all surprised if a judge in a case like this encouraged the parties to work something out before he has to make up his mind.

    Sentiment: Buy

  • Reply to

    Looks Like....

    by vermillion_cliffs Dec 5, 2014 1:17 PM
    bnordheimer bnordheimer Dec 5, 2014 2:43 PM Flag

    Each side asked for 1 day to present their witnesses. The 3rd day was reserved - just in case.

    Sentiment: Buy

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