It strikes me that this suit might be an instance of the Chinese fortune-cookie proverb that says, “Be careful what you ask for—you may get it!”
I.e., if the FDA were to gain access to Teva’s court pleadings and it found Teva’s argument persuasive that NVS stole Teva’s Copaxone trade secrets, wouldn’t this make the FDA more likely to think that NVS’ generic Copaxone was approvable?