Actually, I was more saying that the FDA could well have faxed the news to Xenoport by now but the licensing agreement with GSK gives GSK control over how the public announcement (approved, CRL or delay) is made.
I came across an example of this with the Canadian biotech Bioniche who had ceded complete media disclosure to their partner, Endo Pharmaceuticals, of the outcome of a Phase III trial in bladder cancer.