Your statement calling the Fed. Cir. "Professionally negligent" in failing to ask the Executive Branch to opine on the legislative history of the Hatch-Waxman "safe harbor" provision you refer to is both nonsensical and beyond the pale. Why did not DOJ do what you ask for on its own? Perhaps S.G. Itself was "professionally negligent" in not providing that history in the first place if that is what happened.