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marjac

02/26/24 3:17 PM

#421593 RE: DAR53 #421592

Solidly 50-50 for the reasons set forth in my Post 421562. I have not reviewed the Appellate Briefs, but based upon the broad motion to dismiss standard, GSK v. Teva, and the Magistrate's favorable decision, this appeal has legs to it.

caddiedad

02/26/24 3:23 PM

#421594 RE: DAR53 #421592

For CAFC not to remand back to District Court would be insulting and inexcusable.