XpresSpa Group Inc (XSPA)

[Delroy]

Matters of law can be reviewed by CAFC from scratch.
Matters of law that require expert witnesses become facts decided by judge or jury. A judge can determine law from those facts.

Teva says CAFC can review the law but can not re-examine facts without clear error by the judge.
Do your own DD but this is exactly why SCOTUS heard the TEVA case. VRNG should be remanded back to CAFC.