Zip The issue revolves around KNOWING intent OR inducement to infringement..FDA requirements notwithstanding. In the 2012 precedential judgement by CAFC (Rader, Lourie, Moore presiding) the court made clear that as long as the labeling does not incite or de facto induce infringement the genegerics are safe. IF however there was inducement through improper labeling, then the remedy was an injunction.. https://investorshub.advfn.com/uimage/uploads/2020/9/10/kedosastar_zeneca_vs_apotex_rosuvastatin_explained_2012.png
I would say it worth trying at least, better than en banc at least.
We can debate for ever but it won’t be as clear as day and night as far as it applies to amrn not not. It will be up to the judges. Prior to this fish article case, it was probably considered a long shot too, but brand company made it. So let us try it at least, based on what I read the chance seems no less than the FC appeal.