Yes there is a chance. But not likely. I think this appeal involves some very meaty, weighty issues, and has the opportunity to be a major precedential case in the Federal Circuit. Cases of such a nature almost always have oral argument.
I encourage everyone to read the Markman post which analyzes and evaluates the generics' Opposition Brief. That post does a better job of arguing the generics' case, then the generics do, in my opinion. It is very sobering.
There is enough there to affirm, as distasteful as a proposition as that would be. All it takes is two judges with a certain mindset and agenda, to yield that result, even though by all right and reason, Singer's arguments should prevail. Unfortunately, I have learned more about Patent Law and the Federal Circuit in the last six months, then I ever thought I would have learned over the course of my career.
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