Forget the court case for a moment. You said this:
And I responded by saying this:
I don't need to "Think" about it beyond what I already know to be fact. I am not the one suggesting hypotheticals about what the FDA might do. There won't be any "mid-way" agreements in the appellate process. The Appellate will either rule to uphold the decision of the lower court or they will RR the case back. I wouldn't expect anything else.