Merck is trying to paint this as a tie, but it is really not so good for them because people thought they would have had an easy win.
It is a strong endorsement. The question is: How relevant is it? Someone who was on the 3 rd Circuit for a decade and a half and has done a good job is likely to get this rating.
The government is going to lose a very good ruling to avoid having this go before the Supreme Court.