Court's order. DE 6440 Epstein's efforts to develop a substantive argument in a footnote is procedurally improper. See SmithKline Beecham Corp. v. Apotex Corp„ 439 F.3d 1312, 1320 (Fed. Cir. 2006) ("arguments raised in footnotes are not preserved"). But in any event, his argument is without merit. This Co