Marjac Yes I agree if granted it would likely render the SC consideration of the petition moot But timing is of the import ... SC needs be aware of the Rule 60 basis I am sure Supreme Court would be greatly influenced by the Rule 60 and thus indirectly encouraged as it were to hear the petition
Win ....whichever way ....
I am certain you and HK will make the Rule 60 absolutely devastating in its impact...
Maybe that's why AMRN refused to support your Rule 60 campaign - they do not want the SCOTUS petition rendered moot - Du's precedent of weighing secondary considerations against each other, plus not considering them before deciding obviousness, would still stand - that's not good for anybody in the patented drug business.