Lucky for AMRN, they have a top notch attorney who will give them the right advice. I'll piggyback and add a few more questions/topics to consider...
1. Can AMRN sue for SPA, ever though they didn't exhaust all appeals, even though it's idiotic to do so, because each appeal ultimately goes through the commissioner.
2. If AMRN does sue for SPA, can they get same judge? The reasoning would be that he's so familiar with these two, why waste time and resources to re-educate another judge.
3. As HD has been saying all along, if REDUCE-IT results are right around the corner, what's even the point of SPA.