It is a second motion, usually filed as an emergency motion and usually filed right after the motion to appeal. Again, it is my view AMRN will pursue expedited appeal based on the language used on AMRNs FAQ page.
They may not want to rush to court. Filing an appeal to be heard in 12-18 months would bridge the time between now and approval for vascepa in Europe and if an anda is filed they can seek an injunction. The long game seems to be their best option.