So the '359 application (which is the first non-diagnostic patent as it covers administration of Kromlyn with CYP3A inhibitors like Keto, and other common RX drugs) will be officially granted 2-05, and will IMHO be incorporated into the litigation with Teva shortly thereafter.
Markman and other IP experts have stated that this is the first real moat against Teva as it explicitly covers an item is in the Kromlyn label. Many here were expecting this patent to be granted but like all things it really will matter when it happens -- Feb 5 according to USPTO.