I was taught long ago that when seeking equitable relief the party must not have engaged in wrong doing. Something like he who seeks equity must do equity.
SNY got the patent by fraudulent conduct. Protecting their status when it was gained by wrongful conduct is something I would be reluctant to do.
Maybe the judge would feel the same. He was appointed by a Republican so he must be great.
ij
There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)