uction??? argument and remanded the case to the PTO ???for reconsideration as to the date of approval under [35 U.S.C. ?? 156] and to take such actions as necessary to ensure that the ???404 patent does not expire pending further resolution of these proceedings.???) In the latest lawsuit, MDCO and the PTO have filed cross-motions for summary judgment (here and here) and generic applicants Teva and