Apparently they want to devote all their legal resources to getting the appeal going as fast as possible and not go down the injunction path unless/until they have to. ANDA not yet approved, and Amarin went to great lengths to explain why they think a considerable investment of time and money by the generics before they can launch would be necessary.
So, let the generics spend some time and money trying to get the ANDA approved and preparing for a launch (if they really would, before the appeal is concluded) while we push our appeal. If the generics do spend that time and money, we'll be ready. That's the message, imo.