The main significance of a decision upholding the lower court will be that the 180-day H-W exclusivity clock finally starts ticking.
I have heard Momenta say this on a couple of occasions. If they don't receive FDA approval though, challenge when the 180 day exclusivity begins or is that pretty cut-and-dry? I remember hearing Craig Wheeler saying another avenue would be to try and have the 180-day waiting period waived if a competitors FDA approval is futile. Another possibility was negotiating with whomever would get the 180-day.
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