tm, your questions hit at the heart of some of my foremost concerns. This is not an accelerated review case. The parties in the original Amarin appeal jointly requested accelerated briefing and argument schedules. We did not do so, and have proceeded at a normal pace.
Like I said yesterday, the Court could have easily Rule 36'd us on the papers if the Court truly thought that Judge Du and our adversaries are totally right, and we are totally wrong.
Given how busy these people are, that there are literally only 12 people on the entire planet who are active Federal Circuit judges, it makes no sense to schedule oral argument in a case where the Panel does not see the merit. The Court's Rules say as much. We all know what happened during Amarin's last appeal, but I think that was an anomaly. We have a different Panel, and different issues. Now all we need is a different result.
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