Category: Uncategorized

We Now Likely Know WHY Merck Is Settling For Boxcar Numbers In This Litigation With Most Parties, Here Even As It Picks A Jury…

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Last night, in Norfolk, Virginia, the trial court reversed an earlier magistrate decision. That reversal means Merck cannot muddy the waters — about the validity of the Zetia patents — by citing evidence from a post-Glenmark settlement piece of litigation on the same patents, against Mylan.

That is, it would prejudice this trial, and would confuse the jury — to hold a largely irrelevant patent trial (Mylan) within the main patent trial (Glenmark), all wrapped inside an… antitrust trial (on Zetia). That is the way the able USDC Judge just memorably put it.

Thus, it seems, Merck is being compelled to pay various plaintiff classes loads of money. The jury will see how Merck gamed the patent laws to keep Glenmark and others off the market for years, and in fact made reverse payments to keep them off market. That will be lethal (in Condor’s experienced opinion) to Merck’s defense that this was in any manner pro-competitive. Here’s the full 26 page opinion and order, and the concluding bit:

…After a de novo review, 28 U.S.C. § 636(b) (1) (B) ; Fed. R. Civ. P. 72(b), the court FINDS that the prejudicial effect of evidence related to the Mylan litigation that post-dates the Merck v. Glenmark settlement substantially outweighs its probative value. Fed. R. Evid. 403. Accordingly, Plaintiffs’ Objections, ECF Nos. 2026 (DPPs and EPPs), 2029 (Retailers) are SUSTAINED and Plaintiffs’ Motion in Limine No. 19, ECF No. 1817, is GRANTED.

The parties are DIRECTED to proceed at trial in accordance with the directives of this Memorandum Opinion and Order. The Clerk is DIRECTED to send a copy of this Memorandum Opinion and Order to counsel for all parties.

IT IS SO ORDERED….

Will we see more settle out before Monday, when jury-picking resumes? Who knows?

In passing, do consider that the admitted facts in this trial are far more nuanced than the ones on which Martin Shkreli was ordered banned — for life. That is now a decision on appeal in the Second Circuit — one Shkreli will… lose.

नमस्ते

It Turns Out The Ancient Mayans “Kept Time” — In Part — On A 45 Year, Four Planet Cyclical Calendar We’ve Only Now Dubbed “The Long Count”.

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I am forever intrigued by… how little we “moderns” actually know — especially when compared to those who’ve predeceased us by thousands of years, half a continent away.

The classical Mayans, it turns out (long prior to the arrival of Cortez) were tracking at least four planets’ movements in the night skies very closely — and had organized that sideral motion into what amounted to a 45 year “long count” calendar. It was deadly accurate — and unknown anywhere on the planet to that point.

The Mayans’ multi-ton, colossal circular stone tablet could accurately predict where in the night sky one might find Mars, or Jupiter or Venus… even hundreds of years ahead into the future — or backward, thousands of years in the past. They had worked out the 45 year repeating pattern, and committed it to a gorgeously-ornate color-coded stone… to survive into eternity — for us.

By that point in human history (300 to 600 AD), no European could have offered even a guess at where to find Jupiter in the sky — even 20 years out. Almost no one in Europe even knew it was… “out there”. That should be humbling: it has taken us well into the 21st Century to decipher what the Mayans were trying to teach us heathens:

…The Mayan calendar’s 819-day cycle has confounded scholars for decades, but new research shows how it matches up to planetary cycles over a 45-year span. That’s a much broader view of the tricky calendar than anyone previously tried to take.

In a study published in the journal Ancient Mesoamerica, two Tulane University scholars highlighted how researchers never could quite explain the 819-day count calendar until they broadened their view.

“Although prior research has sought to show planetary connections for the 819-day count, its four-part, color-directional scheme is too short to fit well with the synodic periods of visible planets,” the study authors write. “By increasing the calendar length to 20 periods of 819-days a pattern emerges in which the synodic periods of all the visible planets commensurate with station points in the larger 819-day calendar….”

I certainly wish we could learn the names of those excellent Mayan astronomers — now likely forever lost — over thousands of years via the shifting sands of time itself. And while it is nice that the Tulane scholars “figured it back out” — that is simply standing on the shoulders of these… Mayan giants of calculus / mathematics, right?

We really ought to get over… ourselves — our supposedly vast “secret knowledge” hardly eclipses the ancients, even now. Smile.

नमस्ते

MAGA Rednecks Will Miss ALL Beer More Than Intelligent Democrats Will Miss… Nothing.

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Stauffer’s silly parade continues, this Saturday afternoon. Here, she purports to lecture the big beermakers about the “danger” of “going woke”.

Uh-huh.

See, Betsy, the problem is… your beer guzzling moron base of MAGAts… they are ’bout out of brands. They won’t buy imported. Coors and all the others have even more inclusive ad campaigns than Bud ran.

Grrrrrl… you are sh!t out of runway.

And the rednecks will turn on you, personally — after just two weekends of watching NASCAR, or WWF, and having no ‘Murican beer to drink.

That will be… hilarious.

The larger point is that, dear Bits, the world has left your hateful 19th Century views… behind.

You and your mob… are the dead and dying… past.

Sorry — the new world has no use for you — and your small-minded hatred.

Cheers, miss.

Stauffer: “I’d Rather Elect A Felony Fraudster And Serial Rapist, Than Him…?”

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Well… we know why Betsy writes what she writes.

She knows Tangerine cannot beat Mr. Biden in 2024.

Has Mr. Biden slowed down? Yes.

Is he a gentle, if older man? Also yes.

Trump would actually be older [at the end of his supposed 2024 term — if he were (preposterously) to be elected].

More importantly, Trump has shown signs of being increasingly prone to violent ideation (if not violence itself) as he has aged.

Witness 01.06.21 — and his remarks about being indicted and arrested in New York — and the deplorable image he posted of threatening a NY DA with a bat (at above right).

So — even if we accept Bitsy’s view, that Mr. Biden is slowing down… her alternative offers us clear and present danger. She is… an idiot.

Classy move, Bits.

Out.

Hinderaker’s Back On All His Old Discredited Rants… Again, Tonight.

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The likely reason he is retreading these old whines of his… is that he wants to avoid mentioning how stupid his anti-abortion allies were to pick the fight they did in Texas two weeks ago (and honestly, even going back to Dobbs — that has energized a whole generation of young people looking to make… progress — and voting reliably to unseat anti-choice morons). Those nonsensical, ineffectual attacks… have gutted any new GOP appeals to anyone under the age of 45, now and forever — unless they are already hard right bible thumping Xtains. There is no math for the GOP in national politics any longer.

The brand itself is likely dead — and John now well-knows it. But he cannot just throw in the towel.

So he returns to what he thinks of as two wedge issues. The first is laughably silly. In the US in the last five years, out of nearly 60 million school age kids — ones under 18… there have been under 200 total sexual top or bottom surgeries. That is — kids are thousands of times more likely to be maimed or killed by lightning, a rattlesnake bite, or fentanyl or even shotgun hunting… than ever meeting a surgeon’s knife in the way Hinderaker feverishly imagines. DeSantis passes laws about two cases in in a decade in Florida. This is a fundamentally stupid reason to even think about the GOP as offering anything. Whatever, John.

His other “Im just… barking mad” topic for ranting is help for low income humans in California, with their energy bills.

Here the argument he makes is that they deserve to freeze or roast to death. It is their fault (he argues) that energy is so expensive.

That is both cynical — and not supported by any real evidence. And what he really argues is that very high income people in Cali should not be allowed to help low income people afford electricity.

John — if the people of California vote for it — all it proves is that they aren’t the same embittered sad, decrepit stingy bunch of whyte codgers… that you Powerliners clearly are.

So — Paul Mirengoff Demonstrates That He Does Not Know Who Holds The Upper Hand In Elite Level Law School Recruiting.

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I’ll make rather short work of this, as the chucklehead put it behind his paywall, perhaps knowing that it was… a clunker. In any event, whatever he says is of no moment, as the market has long since moved away from his bleatings. He has become… irrelevant in today’s law firm / law school recruitment and retention marketplace. [As has that small cadre of judges saying they won’t hire Stanford grads (four at last count — all MAGA/Trumpy appointed loons). Yawn.]

So, Paul Mirengoff complains that the BLSA at Stanford announced it would boycott recruiting events at the Law School. This means at least two things: (i) the people of color who visit the school to think about going there — or, for example to Harvard, Yale or the U of C… may not meet many (any?) Black current law students. That will, in turn, reduce the number who enroll. It will impact Stanford’s scoring on diversity and inclusion. That is important, despite what the embittered, senile old whyte codgers at “Reckoning” and Powerline think (all former Ivy or Stanford lawyers).

And… second (ii) it will mean the top flight firms (ones that also get scored by their Fortune 200 clients on how well they do at recruiting and promoting for inclusion) will be unlikely to meet many people of color, as candidates for law firm summer associate, or permanent hire seats.

What the decrepit old Paul doesn’t understand… is the bargaining power top flight Black and brown law students in particular weild — and have been leveraging for a decade or more.

Long gone is the world where a few old whyte male senior partner / rainmaker lawyers hired primarily from the ranks of their country club buddies’ families.

Without a pipeline to very capable diverse candidates, these firms will shun Stanford and focus on Chicago and the East Coast.

Karma is… a b!tch, Paul. Get used to it.

Now, The End Payor Plaintiffs (Insurers, Mostly) Have Been Paid By Merck And Glenmark — To Settle Zetia® Antitrust Matter.

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It all actually happened yesterday, but only appeared on the Norfolk, Virginia federal docket this morning.

This still leaves the hospitals, retail pharmacies and other retail purchasers in the litigation. Here’s the order:

…Before jury selection commenced as scheduled, the court was advised that the End Payor Plaintiffs (EPPs) had reached a settlement agreement with the Merck Defendants and the Glenmark Defendants. Thereafter, following a brief delay, jury selection resumed for the remaining parties at 11:30 AM….

Jurors (Panel B of 34 jurors) appeared as summoned, sworn, and examined on voir dire. Jurors not serving excused.

Jurors (Panel A of 32 remaining jurors) appeared and continued to be examined on voir dire along with remaining jurors on Panel B. Jurors not serving excused.

The court directed that the remaining Jurors from Panel A and Panel B return on April 24, 2023, at 10:00 a.m. Jury trial continued to April 24, 2023, at 10:00 a.m.

Court adjourned….

Onward, grinning — Condor wonders: will all the others settle over the weekend? We shall see… on a flawless warm Spring Friday in the city of big shoulders. Be excellent to one another.

नमस्ते

Steve Hayward’s Wanton Lying — About The Actual “Felt Impact” Of A Firefighter’s Taxes (For Example). Sheesh.

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Like Scott before him, Steve Hayward tonight uses deceptive charting to suggest that Elon Musk suffers more, from his tax bill, than does a firefighter or nurse.

Poppycock.

Once again — this is like shooting fish in a barrel.

Steve Hayward intentionally compares apples and… well, fish — in his complaints about taxes.

Steve claims that Mr. Biden is wrong to ask that billionaires pay a 25% annual INCOME tax rate.

He then goes on to cite Mr. Musk, as to capital gains rates — not income taxation rates — intentionally muddying the waters.

Musk himself then flat-out prevaricates — about how burdensome his taxes are.

The whole Musk/Johnson (faux outrage) argument centers around whether Mr. Musk feels more of a pinch, from paying about 40% in taxes, on his sales of stock option stock [pure found income, that] — or whether a teacher or firefighter paying about 13.5% of all the checks they take home… feels more pinched, by the 13.5% (average).

Note that for an average human, food, gas and housing will be over 60% of their annual cash spending. And so, nearly 14% taken from the remaining 40% leaves them only about 25% of what the stated annual salary was, for all other things — and nearly nothing to put away for retirement, after tuition for kids’ schools, etc. [That is… they’ve been diminished by a 75% tax rate, including their required spendings — just on essential goods, to stay alive.]

Meanwhile, Steve Hayward, Scott Johnson (and especially Elon Musk) never, ever have to think about how much eggs cost, for example — and they buy the best in housing, clothing and cars — not ever approaching a spend of 1% of their collected disposable income.

In sum, the tax of 14% on someone making about $60,000 a year — puts them in a much deeper hole than Mr. Musk, who started 2021 with a net worth of $374 BILLION. He can buy a few luxury goods (including rocket and solar companies — and a money losing social media behemoth, running it into the ground), and never even notice it, in his lifestyle.

So, Steve, Scott and Elon — sit down and shut up. [That is, Mr. Biden’s 3% figure is accurate — as to what even the most incompetent tax planning yields — as actual diminution of wealth from taxation, for the top one-one-hundredth of the nation, by net worth, and income.]

Pay a fairer share.

Out.

One Of Elon Musk’s SpaceX Rockets Just Exploded After Liftoff. Yikes.

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Space is… hard.

And I do not fault Mr. Musk for the ambition. I do think he is doing most of it right.

But in getting to space — EVERYTHING must go perfectly.

Every time.

And the main good news is that no human lives were aboard that capsule.

But expect delays now — even in the Moon to Mars initiatives.

We cannot lose human lives due to “going too fast, and breaking things”.

Out.

Three of The Conservative Supremes Agree With The Liberals: A Man On Death Row In Texas Ought To See A DNA Test, For Possible Innocence…

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Thankfully, there are still some rare moments of genuine agreement on the high court.

And this time, it comes in the form of a 6-3 majority that feels before Texas may put a man to death, it should allow him to test DNA from the crime scene that might implicate the decedent’s whyte boyfriend — a police officer who had recently discovered his whyte girlfriend was secretly dating the man who is Black, and thus killed her in a fit of violent racist rage, framing the man who is now on death row in Texas.

The barbarous Texas state courts said he didn’t make his request within two years. [He was in a Texas hell-hole of a prison for all of that time, with very limited access to lawyers of any kind, let alone competent genetics versed criminal defense lawyers.] So now he will get that chance. DNA from the scene will be tested. And if it excludes him, the courts ought to order the police officer to give over his DNA for testing. And maybe he should be on death row, next, in that same hell-hole. [In point of fact, the state may likely not even need it, as probably some of his blood relatives have registered with Ancestry or the like — and he may either be excluded or included based on that other DNA. At least enough to warrant a trial.]

Here’s the estimable SCOUTSBlog on it all, overnight:

…Reed was sentenced to death for the 1996 rape and murder of Stacey Stites. He has insisted that he was in a secret relationship with Stites and did not kill her. Instead, he suggested, Stites’ fiancé, a white police officer, had found out about her relationship with Reed, who is Black, and was actually responsible for her death.

Reed went to state court, seeking to have DNA testing conducted on several items found on or near Stites’ body and in the truck she often drove. When those efforts were unsuccessful, Reed then went to federal court in Texas, where he argued that the Texas law governing post-conviction DNA testing violates his right to due process by requiring him to comply with unconstitutional procedures before he can use the testing.

The U.S. Court of Appeals for the 5th Circuit ruled that Reed should have filed his lawsuit within two years of the trial court’s decision denying his request for DNA testing. On Wednesday, the court reversed that decision….

Now you know. I will tinker no more with the machinery of death.

नमस्ते