J&J’s “Two-Step” strategy has already been knocked down twice by Federal Courts and unless J&J appeals the cases will never reach SCOTUS and they won’t do that because they know they will lose. There’s also no “regulatory agency” in charge of the cases that Federal Courts can or must hear nor should one exist.
I agree J&J’s “court shopping” like this is unethical but its up to Congress to make it illegal. Congress, not the Judiciary, is to blame for continuing to allow this legal chicanery