a.) they have to go through the FDA appeal process before file the case. At least 2 levels (maybe 3) are remaining and that is at least 4/6 months, however could be longer 6/9 months - earliest time to file is Q2 2015
b.) it's not a slam dunk - max 50/50% as the best
c.) final ruling takes 2 years - mid-2017
d.) ANCHOR sNDA is pending until appeal is ongoing, DMEP could not issue the CRL, since they have to act differently w or w/o SPA
Which is better:
1.) wait additional 2,5 years for a possible, but not sure court ruling (and don't forget that R-IT maybe will be stopped due to eff. or the end of the study will be near at that time)
2.) stop to appeal, get the CRL and try to include the ANCHOR data on label w or w/o new, modified 200-500 indication