Yeah... With the Last Two Years we have had, and the Amount of Judicial Deference many courts tend to extend to agencies like the FDA, I imagine it would be a Long Shot at best.
I am also sure that the Counter Argument would be that OEMs didn't need to wait until the Deadline to File. And that they could have filed earlier which would have given the FDA more processing time. Even though the FDA's issuance of PMTA "Guidance" was Sketchy and Not Very Timely.
Yes, judicial deference to the FDA *except* in the case that set the PMTA deadline to May 2020 (pushed to Sept 2020 due to COVID).