On December 24, 2002, Teva and several other generic drug manufacturers submitted the first ANDAs to FDA containing Paragraph IV certifications to the '516 patent. With respect to the '346 patent, Teva says that it alone was first-to-file a Paragraph IV certification on December 14, 2007, and that because shared 180-day exclusivity applies only in the circumstances discussed above, Teva alone has 180-day exclusivity. When Teva went to FDA to seek clarification as to 180-day exclusivity for generic PROVIGIL, however, Teva says that the Agency "signaled its belief that Teva USA may not be entitled to such exclusivity." That prompted the lawsuit. But later in the day on Wednesday, Teva and Cephalon filed a notice with the D.C. District Court withdrawing their Motions for a Temporary Restraining Order and Preliminary Injunction, but reserving the right to renew them "as circumstances dictate." On Thurday morning, the circumstances that prompted the withdrawal notice became clear.