…the CAFC denied [en-banc rehearing] so the Classen and Momenta cases, which from what I've read come to somewhat opposite conclusions, can be consolidated by the Supreme Court.
Thanks for weighing in—your explanation makes sense, IMO. Even if 5 or more CAFC judges agreed with the original 2-1 decision, one would think they would want to establish the clearest possible precedent on a matter of such importance to the drug/biotech industry.
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