Very simple. They carefully reviewed internally whether they could plead new facts to amend the Complaint, but concluded that it was not viable to do so. Rather, they concluded internally that Judge Andrews got it wrong as to Hikma, and that in reliance upon GSK v. Teva, and the Federal Circuit will reverse on the facts already pleaded. Remember, Judge Andrews overruled the Magistrate Judge, so they will also say that the Magistrate Judge got it right.
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