Of perhaps equal interest, the district court decision (which strangely seems to be sealed) was entered on May 14, 2009, and the appeals court decision was rendered 1 1/2 years later, on November 1, 2010.
That would be dandy if the Federal Circuit took 1 1/2 years to decide the appeal. :-)
That is too much to hope for.
But it does raise a couple of questions:
- How long does it typically take for this type of appeal to be decided? (Briefing, argument, decision, motions en banc etc)
- Does the trial court cease activity during the appeal? (I think they do, but do not KNOW)
If the appeal takes 6 months, the trial another 12 (no activity during the emergency appeal) and another 9 months for a normal appellate review, you quickly have over two years to a final decision.
Given this state of the matter, SNY's AG launch is no longer a profit maximizing decision.