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marjac

04/13/23 9:13 PM

#407272 RE: Number sleven #407240

You are correct. The case is not ripe. The SCOTUS almost looks for any excuse not to hear the case. This is not a 100% certainty, but well within the range of outcomes is that the SCOTUS denies Certiorari, and decides to let the issue play out more at the Federal Circuit level. Of course it only takes four votes to grant Certiorari, so if enough of the Justices are zealots for the generics, then they will grant Certiorari.