Of perhaps equal interest, the district court decision (which strangely seems to be sealed) was entered on May 14, 2009, and the appeals court decision was rendered 1 1/2 years later, on November 1, 2010.
That would be dandy if the Federal Circuit took 1 1/2 years to decide the appeal.
That is too much to hope for.
But it does raise a couple of questions:
- How long does it typically take for this type of appeal to be decided? (Briefing, argument, decision, motions en banc etc)
- Does the trial court cease activity during the appeal? (I think they do, but do not KNOW)
If the appeal takes 6 months, the trial another 12 (no activity during the emergency appeal) and another 9 months for a normal appellate review, you quickly have over two years to a final decision.
Given this state of the matter, SNY's AG launch is no longer a profit maximizing decision.
ij
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