A settlement would prevent the generics from entering for the agreed upon period if those are indeed the terms of the deal. Judge Du's Order would technically stand in the court below, but now that they are in the Federal Circuit, it may be possible as part of that settlement that the parties jointly request what is known as "vacatur on consent."
Vacatur on consent is a doctrine where as part of a post-appeal settlement, the parties agree to vacate the judgment by consent, and jointly request that the appellate court enter such an order vacating the judgment. See Isumi Seimitsu Kogyo Kabushiki Kaisha v. U.S. Phillips Corp., 114 S.Ct. 425, 426 (1993); U.S. Phillips Corp. v. Windmere Corp., 971 F.2d 728, 730-31 (Fed. Cir. 1992).
Even if there was no vacatur on consent, Judge Du's Order is at best persuasive, not binding precedent. Any subsequent generic would have to start the process from scratch, a new round of litigation would ensue, and that court (which hopefully is not Nevada), owes no particular deference to Judge Du's abhorrent piece of garbage.
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