raf...
You need to read my post carefully. There are two separate situations here..1) Watson petitions the court to appeal the NCE decision, because the FDA has declined to do so. 2) a second scenario occurs if Watson is allowed to appeal the NCE decision, then what are the consequences of then winning or losing the appeal.
My contention is that Watson wants to appeal the NCE decision for the same reason the FDA does not want to appeal the NCE decision, because both Watson and the FDA know the chances of winning the appeal are very close to zero. The reason the appeal is such a loser is related to the FDA's almost criminal behavior in handling the NCE decision..For example changing congressional statutes. So FDA does not wish to appeal the decision because they know they will lose and this will further diminish the FDA and set a precedent.. Watson on the other wants to appeal the decision also knowing the appeal is a loser. They are doing this, because a losing appeal decision which they anticipate will be based on FDA's bad behavior and will tarnish the FDA which is Watson's strategy. Watson is doing the force a losing appeal decision on the FDA.
My posts are not about Watson winning the appeal decision.
"JL, were you saying that FDA opposed Watson's appeal because if Watson won and AMRN appealed, that would go to supreme court?"
No No No No!!! Watson wants to appeal the decision, because they know they will lose the appeal decision and that will reflect (bring more attention to) the shoddy way the FDA does business. Right now the out of control FDA is bad for the drug industry and this is a good way to strike back at the FDA.
":>) JL
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