Raf - my take on a quick read of the court docs is that FDAs previous decision on NCE is vacated and essentially the whole thing is back to the FDA for reconsideration (my words). I don't see where you're getting the 5 Yr retroactive message.
Maybe it's a no-brainer based on Moss's decision? However, I don't trust anything if it's back in the hands of the corrupt, unethical agency we call the FDA.