My reading of Judge Moss's ruling is that he set aside the FDA's previous decision and told them to reconsider the NCE request. There was no directive to issue the NCE by a certain date. Consequently, the FDA can drag their feet and get around to it in due time. Maybe my reasoning is BS, but I've spent enough time dealing with bureaucrats and approval processes to know that it's not easy to push them when they are not feeling it!
Exactly and there was one particular poster here claiming Nce would cover reduce it. If it is not stopped early and run until 2018 Nce would have long expired. Not sure why Nce is still such a hot topic at all.