Today's news had literally no impact one way or other on the appeal.
And the FDA isn't doing anything other than its job here. AND they don't have an opinion about the appeal.
This is the federal circuit court, with its diverse array of perspectives and political biases. This will be a closely-watched appeal that will have significant impact on patent litigation going forward. What happens in the land of Harry Reid is different from what will happen here.
We may lose. But we will lose in the bright sunlight with the burden of legitimacy much higher on this ruling.
FFS, If this is your position and I say this with all due respect, then your opinion of the intellectual horsepower of our judicial system and its ability to make a decision based on centuries of law is worth about as much as a McDonald’s hamburger back in 1960. .21 cents to be exact. I think any judge no matter what informs their thinking would find your view insulting.
The FDA’s approval of ANDA filed by H will have no effect on what CAFC will do in deciding the AMRN appeal from Judge DU’s judgment. Explain why you think it will.
Do you really think Fed. Cir. Judges will support their decision/opinion by taking judicial notice of the FDA’s decision today? Surely you recognize the FDA decision is not of record in the CAFC.
Judge Du did not care that patent office approved Amrns patents. So why appeal court would care if FDA approves Hikmas generic drug. Do you think that appeals court judges watching or reading what FDA approves or not. Or do you think they care about FDA or shareholders opinions.