I would suggest you listen to the hearing and not rely on a journalist's rehash of what occurred. I read this Bloomberg article don't full it truly captured the hearing.
"Circuit Judge Kimberly Moore said that merely saying a copycat drug is interchangeable with a branded medicine doesn’t prove the generic-drug maker encouraged doctors to prescribe it for a new patented use" For posters who had listened to the hearing, did Judge Moore really said that? That's seems like an 180 degree turn from Judge Moore's orginal posture.