Thursday, April 24, 2014 7:31:26 PM
But one must keep in mind that it is extremely difficult to analyze a judge (or panel of three judges) who haven't been named yet. They are kept secret until the day of the oral hearing.
Additionally, said judges are not always going to play it straight the way an FDA reviewer or panelist would. The Fed Cir. is so vastly different than other courts and not even close to comparison with an FDA panel that it is somewhat odd you brought that up, if not for purposes other than to show a broader perspective.
My point has always been, from the start of this topic through now, that investors who look at the CAFC oral hearing as some guaranteed catalyst and binary event are missing the significance and reality associated with the hearing. Those who think there will be a decision in early May are misinformed. And those who think there will be only one of two possible outcomes when the CAFC eventually issues its disposition on the matter probably shouldn't be invested here.
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