trials are not open-ended investigations, and the judges staff is researching only applicable law. I think you might be expecting a bit too much from this judgement, it will be based on NCE only IMO. That being said, I think the judge would have the ability to restart the clock on 5 years due to FDA's actions, if he rules in our favor at all.
We should know in a couple weeks depending on what "speedy" means to the judge.
What type of ANCHOR SPA issue could be discovered?
FDA rescinded the SPA -> AMRN appealed three times / FDA hold three times -> AMRN stopped to appeal -> no SPA issue (legally)
Top of the two parties (FDA & AMRN) - where were NCE and SPA "together"? Do you think the Judge will research/investigate a case which is not exist and was not raised by anybody? Do you think the Judge will advise/tell anything to anybody w/o FULL research/investigation, just based on news?
It's absolutely unreasonable, it's actually childish and extremely foolish. This this the worst agreement I've seen on i-hub in 17 months that I've been here. How should the judge investigate? Should he read i-hub? Contact FDA, AMRN? Read Seeking Alpha? THE ONLY EVIDENCE HE CAN CONSIDER IS WHAT CAME OUT IN THIS NCE CASE.
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