…if they are that different then why hasn't the FDA rejected it outright?
For the reason that was previously discussed on this board: the FDA very rarely issues a formal rejection of an ANDA.
Note: the FDA has not even formally rejected the Lovenox ANDA from Amphastar despite the fact that Amphastar’s public actions reveal the ANDA to be hopeless.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”