Meanwhile Case 3:20-cv-00421 and 2:18-cv-01596 are not the same (the later was filed during the ongoing 2:16-cv-02525), the 2:18-cv-01596 was not litigated and its appeal (CAFC 20-1901) was consolidated with CAFC 20-1723.
Yes and FC will read JUDGEMENT before consolidation of cases.
Full docket text for document 12: JUDGMENT in favor of Defendants and against Plaintiffs, re ECF No. [11] Proposed Judgment. Signed by Chief Judge Miranda M. Du on 7/24/2020. (Copies have been distributed pursuant to the NEF - DRM)
Federal Court of Appeals Federal Circuit will then have to reassess mandatory mediation rules. Here:
Participation in the court's mediation program is mandatory for all cases selected for participation in the program.
We will not know if FC has entered or will enter Amarin and Hikma into mandatory mediation program.
FACT: Federal Circuit can determine easily by above document 12 Oral Arguments and decision ONLY end case if they rule in favor of reversal.***
***The case is not ripe for Appeals until ALL patents are invalidated. Amarin can restart litigation in Nevada and end up Appealing ... again...and again...on...and on....
FACT: We don't know, Amarin and Hikma could already be in mandatory mediation
The above is worth consideration as the FC docket will contain no clues of order mediation.