"Damages" are only a sliver of the pie in this case. The courts if favorable will order the FDA to reinstate the SPA which means we get the mixed dyslipidemia indication. This could happen in 2015-2016. The FDA can appeal this to the moon (but they wont).
This discussion should be moot because there is no way the FDA will take this into the federal courts. The biggest question is how long are they going to stall this thing out. I am on record in saying I think there is a substantial chance they will reinstate the SPA, perhaps with some face saving modification, in the near future..Hopefully in the next month or so.
The argument that lead to recession of the FDA has more holes than a prairie dog village. The recent trig article and the ALA position on trigs does not help the FDA's position.
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