I generally agree with you since it would be a different formulation. What I mean by that is that PBMs would probably not be able to sub GV for it. On a small scale (depending on cost diff) docs and savvy patients might try to use GV (with the knowledge that it takes more caps per day). It would be cheaper than V but I doubt cheaper than GV although if covered by insurance it would be close.
The one problem with your statement is the pharmacy, pbm, insurance company has no idea what your triglyceride level is. The script does not contain the info. only patient and doctor know. Since a doctor can write prescription off label the pbm can still sub any generic. Same as today. The pbm subs generic since levels are unknown. You call it infringing but no one from the pharmacy to the generic company knows your levels.Having approval for 150 to 499 will not help. What may help is if the fda classifies as a new entity. Therefore their is no generic but sure that would cost hundreds of millions in trials.