NS, I can think of several. They don’t think they need to pursue it because they know they can dominate the supply and maintain US sales, an imminent BO forthcoming or settlement with generics, not confident in a win so they’ve decided it’s best to focus on proceeding as business as usual and launch an AG when necessary. Just some possibilities. All guesses on my part but I believe any of them are possible.
How do you know they didn't appeal? Did the deadline pass and nothing showed up on PACER? Would that appeal even show up on PACER? Just because they haven't announced it doesn't mean they didn't do it.