A remaining exclusive is a filing, a label, and a date, and this file did not carry one.

The file would have printed a clock if it had one. A pipeline date has to sit on the file before it is a clock. A loss of exclusivity has to sit on the file before it is a date. A Health Care bid is not a labelled compound.

A Health Care bid prices the sleeve. The patent is a filing, a label, a remaining exclusive that a later file can date. A later bid without that clock does not date a patent that was not on the file.