Satisfying FDA-sameness is one thing. That sameness is to the approved drug.
The constraints of the a blocking patent are conceptually another thing - perhaps a different thing physically. The answer to that is something the court may opine.
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It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes
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