Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
jbog,
I understand patients don't like to change drugs and want a cheaper drug.
What I don't understand is what is our current production capacity. It could well be limited early on in production. That could be a reason the drug is being priced higher right now. Remember each prescription is 30 doses. 30K injections prescribed a week and growing.
Does MNTA want to meet a certain income level before easing back on the price?
I am not Sandoz and don't know all the details why. We will likely get more input shortly on the next conference call at the end of this quarter.
Why don't you and Tony ask questions on the CC?
Boing X 2
jackrmormon,
Thank you for the correction. My bubble is in no way busted.
There is not doubt in my mind that we will soon be at 1K scripts a week and climbing.
With the addition of United Healthcare and others in September is should not take too long. Some carriers didn’t add Glatopa until July and it takes a while for the word to circulate.
Express Scripts added coverage late June.
We have three and a half weeks results yet to the end of the quarter.
Between now and the end of the quarter all we need to do is add 264 scripts a week with the renewals. I think that should be quite doable.
I expect the next quarter could exceed the third quarter results. A double might be more than doable in the next quarter as word spreads and Doctors become more comfortable with our drug.
Boing X 2
pollyvonwog,
I agree. It is hard to up the price once one decreases the price. I will not be upset for MNTA to cover all expenses for each quarter to knock out a new drug each quarter without dipping into the cash.
The patients will all benefit on new drugs in the long run. IVIg being a major one.
I am sure the price will come down with time.
They likely are taking advantage of sole drug pricing while they can. I agree they want the 3x priced right when it is approved.
One has to look at the fact that we are not even to the end of our first quarter selling the new drug. Will I be upset if we are at 52K annual scripts at the end of the first full quarter and growing? NO WAY!
What will the script numbers be at the end of the 4th quarter with United Healthcare and others on board starting in September?
Boing X 2
pollyvonwog,
Thank you for the script information.
When one looks at it like this I see a trend.
8/7 672 342
8/14 674 295
8/21 660 253
8/28 745 266
9/4 867 301
Plus 122 in one week. 133 more to hit the 1,000 mark.
Once the first number gets to 1,000, on a yearly basis that is 52,000 scripts and climbing. This is not a 20.00 prescription and no matter what the Tier, United Healthcare was a big addition in Sept. They are hugh!
There were many additions to formulary in Sept.
Boing X 2
t57,
Your welcome.
I was just giving the court general schedule for the month.
I doubt there will be any oral arguments on the final briefs.
Boing X 2
A new Pre Grant Patent Application filed
I do believe a big one has been filed 9/10. Pre Grant Patent Application
GLYCOPROTEIN PREPARATIONS
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PG01&s1=momenta&OS=momenta&RS=momenta
IVIg-All might want to read this one. They cover the water front on potential drug usage.(0091)
Boing X 2
t57,
I checked and the CFAC has oral arguments today and tomorrow. Then, their docket has no more oral arguments set for this month.
I am guessing we will be one of the first cases to be resolved next week. Then the wait for the opinion.
You are likely right it is going to be awhile. 45/90 days from my searching depending on who writes the opinion. This is a very important opinion patent wise.
Boing X 2
floblu14,
It looks like many are just adding coverage for Glatopa.
9/1 added
http://www.connecticare.com/medicare/PDF/Upcoming_Changes_Formulary.pdf
8/25 Cigna added
http://www.cigna.com/iwov-resources/medicare-2015/docs/formulary-update-chsrxsecurextra.pdf
9/1 added
http://espanol.emblemhealth.com/~/media/Files/PDF/Medicare/2015_Medicare/Medicare%20Monthly%20PDFs/Changes%20to%20Formulary.pdf
Boing X 2
floblu14,
Good catch!
That is the big one that I have been waiting on to be added to coverage.
I saw yesterday that Aloha Healthcare, in Hawaii, also added Glatopa effective Sept. 1st.
Boing X 2
CAFC
Interesting,
Argument Date Appeal Number Title Link
2015-05-04 2014-1274 Momenta Pharmaceuticals, Inc. v. Teva Pharmaceuticals
Argument Date Appeal Number Title Link
2015-05-08 2014-1673 Dome Patent L.P. v. Lee
Argument Date Appeal Number Title Link
2015-04-09 2014-3101 Archuleta v. Miller
Argument Date Appeal Number Title Link
2015-05-06 2014-5140
Note last three rulings. Not sure how much the quests for briefs adds to the time line but, we should be getting close.
Boing X 2
Methods of Cell Culture
Pre grant patent application,
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=2&f=G&l=50&co1=AND&d=PG01&s1=momenta&OS=momenta&RS=momenta
Boing X 2
Found a couple more interesting things,
An example of why it will be important to try and get up front approval for all doses on initial patents and FDA approvals. Different patients and diseases require different amounts of IVig drugs. Need to make the case up front to avoid years of litigation on each dose.
"Grifols, a leading provider of plasma-derived therapies, announced today that the 40-g (400 mL) vial size for GAMUNEX®-C (immune globulin injection [human], 10% caprylate/chromatography purified) became available on November 3 in the United States.
With the addition of the new 40-g vial, GAMUNEX-C now comes in 6 different vial sizes, including 1 g (10 mL), 2.5 g (25 mL), 5 g (50 mL), 10 g (100 mL) and 20 g (200 mL)—the widest range of vial sizes currently available.
The wide range of vial sizes helps avoid unnecessary waste and provides an easier, more convenient way to dose according to prescription.
The addition of a 40-g vial is welcomed by both the nursing and patient communities. Jan E. Jones R.N., President of Immunoglobulin Nursing Society (IgNS) said, “The convenience of the new 40-g vial size for GAMUNEX-C will mean less time for preparation of IVIG."
GAMUNEX-C offers versatility with proven efficacy in 3 FDA-approved indications: chronic inflammatory demyelinating polyneuropathy (CIDP), primary humoral immunodeficiency disease (PIDD), and idiopathic thrombocytopenic purpura (ITP). “
Blood is big business,
“the Plasma Fractionation Market was valued at $16,573.4 Million in 2014 and expected to reach nearly $25,383.4 Million by 2019.”
Boing x 2
pollyvonwog,
Ok,
I answered some of my own question Down slightly but still not bad at this point of time. My opinion.
8-7
NRx: copax = 3300 glatopa = 436
TRx: copax = 11276 glatopa = 841
Per polly,
8-14 Rx #s
NRx: Copax = 2657 Glatopa = 335 Total = 2992
TRx: Copax = 10380 Glatopa = 833 Total = 11213
I look at it this way. 771 new NRX's in the last two weeks. One has to remember each prescription is around 60K a year. Not 2 bucks like my recent pain medication prescription filling. I could not believe the price. Neither could my wife. Just glad it was what it was.
Boing X 2
pollyvonwog,
Thank you, Thank you!,
Unless I am missing something, it looks like an up tick on sales.
I really appreciate the update.
Might you, if you have time, give your input where you feel we are on total scripts now. I know many doctors write scripts for 90 days and it is difficult this early to get a handle on where we are. Some might just give a 30 day script to see how the patient does.
Any input you might give would be appreciated. If you can't, I totally understand. The end of the third quarter should give a much better input for the total scripts written to give an idea going forward.
Believe me, I know how hard it is to get some doctors to change even though it saves the patient money on a very expensive drug. The FDA went far and above to do their own tests in their own lab to make sure on this drug being substitutable.
Boing X 2
Just a matter of time,
https://www.healthchoiceaz.com/docs/formulary.pdf
Glatopa added page 25
http://www.healthchoiceutah.com/docs/formulary.pdf
Glatopa added page 22
https://www.cvscaremarkspecialtyrx.com/wps/wcm/connect/d5405d7b-685e-4377-b998-2e4c4daf0b13/SpecialtyDrugs.pdf?MOD=AJPERES&CACHEID=d5405d7b-685e-4377-b998-2e4c4daf0b13
Glatopa
Good RX list is getting longer.
http://www.goodrx.com/glatopa
Look at the discount coupon for Walgreens and Rite Aid for first time prescriptions with a coupon.
Just found this list of pharmacies that have Glatopa or will get it,
http://pl.envisionrx.com/pharmacy.aspx
It is spreading.
Albertsons Arbor Drug BI-LO Pharmacy
Big Bear Pharmacy Brooks Pharmacy Bruno’s Pharmacy
Costco Cub Pharmacy CVS Pharmacy
Dillon Pharmacy Dominick’s Pharmacy Drug Emporium
Eckerd Pharmacy Fagen Pharmacy Farmer Jack
Fred Meyer Fruth Pharmacy Giant Eagle
Grand Union Harris Teeter Horizon Pharmacy
HY-Vee Pharmacy K Mart Pharmacy Kash N’ Karry
Kerr Drug King Sooper’s Kinney Drug
Kroger Pharmacy Long’s Marc’s
Medic Discount Drug Medic Drug Medicap Pharmacy
Medicine Shoppe, The Meijer Drug Navarro Discount Pharmacy
Pamida Pharmacy Pathmark Pharmacy Price Chopper
Publix Pharmacy Rite Aid Pharmacy Safeway Pharmacy
Sav-On Schnuck’s Pharmacy Shop ’N Save
Shopko Pharmacy ShopRite Pharmacy Stop & Shop
Target Pharmacy TOPS Pharmacy United Pharmacy
Von’s Pharmacy Wal-Mart Pharmacy Walgreens
Wegman Pharmacy Weis Pharmacy Winn Dixie Pharma
Boing X 2
t57,
From the NASDAQ site
"Institutional Ownership 89.52%
Total Shares Outstanding (millions) 69
Total Value of Holdings (millions) $1,352
Active Positions
HOLDERS SHARES
Increased Positions 123 16,841,946
Decreased Positions 51 5,775,289
Held Positions 13 38,986,425
Total Institutional Shares 187 61,603,660"
How many of us own part of the 7M shares. If 187 institutions hold on and try and add 43K shares each, it is not going to happen. These figures where the end of June. We are now in late August.
I can't wait until the end of Sept. to see the numbers.
Boing X 2
marthambles,
It does baffle me with the potential of IVig and the potential of 56 drug approvals in one fell swoop.
I hope I am around for that FDA approval.
Boing X 2
t57,
Right you are.
I saw at least 20 new small positions in the last quarter. Like the article indicated many don't know about this potential jewel.
Boing X 2
t57,
I see Capital World Growth added over 1M shares in the second quarter. It feels like the shares are starting to dry up with the new companies taking starting positions.
I saw on another board there is 89.4% institutional ownership right now. Many are going to be late to the party on owning shares here.
As I indicated to floblu14 yesterday,
"https://www.afspa.org/wp-content/uploads/2015/06/This-is-an-Express-Scripts-Clinical-Matters-News-Notes-Release-22-June-2015.pdf"
Glatopa added on 8/16 as the preferred drug. Big, Big. “ 2014 Express Scripts handled 1.4 billion claims, or roughly one of every three prescriptions written in the U.S"
Now if we can get United Healthcare on board.
Boing X 2
floblu14,
Good find.
Here is the one I was waiting for and just found.
"Express Scripts,
Glatopa
glatiramer Acetate
Various 20 mg/ml Syringe (ml)
prescription
plan preferred Generic
Data is valid as of 8/16/2015. Interim updates of individual records are sometimes made.
I love the words plan preferred.
Boing X 2
Interesting site for those with some time,
If one types the information below in search, it will bring up the site. One can then type search each state and the current coverage for Glatopa.
It is copyrighted, so I had to go this way.
Just type Glatopa fingertipformulay drugs or G fingertip drugs and you will find the site. It then lists all the States and one can find if there is coverage or not currently.
Quite a few carriers are already providing coverage.
I must admit, I was a little surprised to see that Walmart is providing coverage.
It list carriers and individual companies that are likely self insured. Some big self insured’s are providing coverage already.
I expect we will likely see many more additions by the beginning of next year as the new year plans and coverage kick into effect.
If anyone finds a big surprise please let us all know.
Boing X 2
t57,
Thank you.
I also found this,
United Healthcare, the largest group ahead of Kaiser is currently evaluating Glatopa,
http://consultant.uhc.com/articleView-15555
I suspect there should be a decision before the new benefit year begins so they can let all the plans know. I sure want to see them add Glatopa.
Aetna already extends coverage as I previously posted.
It appears from my search, that Humana with 11 million members covers Glatopa on their plans with different tier levels for different plans with prior approval.
I further expect many more plans will make a decision to add Glatopa prior to the 2016 plans coming into effect.
Boing X 2
t57,
That should go up.
Kaiser is big,
"http://providers.kaiserpermanente.org/info_assets/cpp_ga/pdfs/ga_formularyupdate_June2015.pdf"
Bottom of page 2,
New Standing Orders
"Approved standing orders are written instructions issued by medical practitioners, in accordance with the regulations, authorizing pharmacy personnel at pharmacies owned or operated by Kaiser Foundation Health Plan to supply and administer specified medications under circumstances specified in the order.
Copaxone 20 mg/ml injection will be changed to glatiramer acetate 20 mg/ml injec- tion via standing order. The FDA recently approved Glatopa, a generic or biosimilar version of Copaxone 20 mg/ml."
In doing some searching, I see there are 200 new cases of MS a week. Sooner or later we are taking off like a certain persons hockey stick graph. I suspect, the first quarter next year might well get quite interesting with new plan benefit changes.
Boing X 2
DewDilligence,
I at first, I was also disappointed to hear CW say the ruling by the end of the year. Then I remembered doing some research and finding out that once they reach agreement, it takes the assigned judge who writes the opinion
anywhere from 45 days for some judges, to 75 days for the other judges. I am guessing we hear by Oct. If there should be, heaven forbid, a dissenting opinion, that judge might take more or less time on their opinion.
I am wiling to wait to get a very strong opinion in our favor. It is not like it will not take several more years to get the final verdict. In the mean time the damage clock gets bigger every day when we prevail.
There should be no more doubt, by anyone now, who has read the recent brief, by Momenta, that Amphastar is using our patent and continues to use our patent. From the brief ,“ Moreover, the summary-judgement record establishes that Amphastar does in fact routinely use Momenta’s patented method as a quality control procedure to select batches of enoxaparin for commercial sale” I don’t know how it could be any more clear that they continue to use our patent. That is also what I heard their counsel say at the last hearing.
I hope Amphastar et al keep on adding new drugs. We might own all their drugs before this is all over. They are trying to scoop up injectable drugs from any overlap on Teva and Mylan should there be a deal. They have a higher margin. Great we like high margin drugs! They just bought a manufacturing facility from Merck for 34M. Great!
As for AGN they might well be exceeding any indemnity agreement as they are continuing to tell AMPH how to manufacture the drug per AMPH 10Q Them now being aware of violations of our patent might well just throw them back on the liability block for not taking corrective action after the SG opinion.
AGN is now aware of the SG's opinion on the violations. Separate intentional actions, after the indemnity agreement and the SG’s opinion, should void the indemnity agreement would be my argument. Not sure if we have are in a joint and several liability state, but if we are they will still likely be on the hook if AMPH can’t pay a judgement and they would have to pay what they can’t pay and have to go back after AMPH. Let AGN keep violating the patent for the next several years. They should not have a leg to stand on.
I agree with GrthzGD that the AMPH cc should be quite interesting provided the analysts have figured out what is going on. The potential of the AG opinion, despite AMPH saying the AG is wrong, should be a wake up call. Same with Teva even though they come in later on sales TEVA is also now on notice. If TEVA has a wake up call and tries to settle quickly AMPH and Watson AGN) are going to be sucking wind. (Expression from my days in the service in England.) TEVA’s counsel might be telling TEVA something different on exposure than AMPH counsel is telling AMPH and AGN. When I was involved in litigation, and we had a very strong case, we would go all the way no mercy. We were always re-evaluating our percent chances to win vs. loose. I am not seeing this as a settle for a low percent of royalty. I see this a major damage case if we prevail. If TEVA has a wake up call, they might well try and get out and leave AMPH and AGN to take the big bang. It would save them major legal fees for several years more of litigation. It might also save TEVA from being exposed under any joint and several liability should AMPH not be able to pay all of a judgement should joint and several liability apply. I will let the lawyers on the board comment on if JASL is applicable to the States where we are in litigation. That is a big question for us. Also, would we be entitled to attorney fees if we prevail on a product patent case? More major dollar at stake if we prevail. I am out of the loop on these last two issues.
ANALYST Question ONE, in light of the SG"s opinion, and assuming the SG is right, is not the whole value of company(AMPH), and then some, on the line for damages right now? It is obvious the AMPH shareholders have not yet awoke to the real potential and are just buying the SG is wrong from AMPH. The questions on the patent would be the most important thing in light of the potential damages should MNTA prevail. AMPH response my words “ no we will try and settle for a small royalty” Really? What makes you think so? MNTA doesn’t have that in mind!. When one thinks about it, not much on their cc will matter if they loose the patent case. MNTA has a right and obligation to us shareholders to be indignant and not do a cheap settlement in order to cut off this type of plagiarism at the patent draw! It involves all our future patents. My words, wait while I get up off the floor.
ANALYST QUESTION 2. What will you do if TEVA sees the exposure and tries to settle out quickly? More Cough, Cough and shareholders choking?
ANALYST QUESTION 3, Is MNTA right that you have used and continue to use their patent as a quality control procedure? AMPH my words yes. COUGH, COUGH shareholders.
ANALYST QUESTION 4, Should the CAFC opinion be adverse to AMPH, do you anticipate having to put up a several hundreds of millions of dollars bond for damages to MNTA and Sandoz if you don’t prevail just like you required of the bond from them? If so how much? Cough, Cough shareholders choaking? Worth asking for the response. SORRY CLICK END OF CC. I at first, I was also disappointed to hear CW say the ruling by the end of the year. Then I remembered doing some research and finding out that once they reach agreement, it takes the assigned judge who writes the opinion
anywhere from 45 days for some judges, to 75 days for the other judges. I am guessing we hear by Oct. If there should be, heaven forbid, a dissenting opinion, that judge might take more or less time on their opinion.
I am wiling to wait to get a very strong opinion in our favor. It is not like it will not take several more years to get the final verdict. In the mean time the damage clock gets bigger every day when we prevail.
There should be no more doubt, by anyone now, who has read the recent brief, by Momenta, that Amphastar is using our patent and continues to use our patent. From the brief ,“ Moreover, the summary-judgement record establishes that Amphastar does in fact routinely use Momenta’s patented method as a quality control procedure to select batches of enoxaparin for commercial sale” I don’t know how it could be any more clear that they continue to use our patent. That is also what I heard their counsel say at the last hearing.
I hope Amphastar et al keep on adding new drugs. We might own all their drugs before this is all over. They are trying to scoop up injectable drugs from any overlap on Teva and Mylan should there be a deal. They have a higher margin. Great we like high margin drugs! They just bought a manufacturing facility from Merck for 34M. Great!
As for AGN they might well be exceeding any indemnity agreement as they are continuing to tell AMPH how to manufacture the drug per AMPH 10Q Them now being aware of violations of our patent might well just throw them back on the liability block for not taking corrective action after the SG opinion.
AGN is now aware of the SG's opinion on the violations. Separate intentional actions, after the indemnity agreement and the SG’s opinion, should void the indemnity agreement would be my argument. Not sure if we have are in a joint and several liability state, but if we are they will still likely be on the hook if AMPH can’t pay a judgement and they would have to pay what they can’t pay and have to go back after AMPH. Let AGN keep violating the patent for the next several years. They should not have a leg to stand on.
I will let all add their own questions.
If I owned AMPH stock I sure would want some outside thinking if the SG is wrong or not.
Several other things also come to mind.
We were almost into the black this quarter. Next quarter, if we are in the black, it should make for a pop.
There was a much lower wholesale stocking than I was thinking with an estimate of 4/6 weeks on the initial stocking. I hope the next round is a larger stocking as scripts continue to climb.
We will not have the 9M in pre launch in legal fees expense next quarter.
We have 7 other potential drugs in early stages and will be cranking out two new drugs per year. If we get enough profit coming in, we might some day get that up to one drug per quarter.
We have no debt, a big cash reserve for expansion, drugs already progressing towards approval, the potential of very large payments for Ivig etc., (that in my opinion could be a major blockbuster if they can get 56 drugs uses approved at one time.) That would also would be the only drugs that
don”t need human blood for the drug products. The way i read it there pre grant patent application says they think they have done that for this class of drugs.
Few biotech companies are in our position at this low a price per share.
Should any part of this post be in error, the rest stands :)
Boing X 2
pollyvonwog,
The thing I liked was, initial stocking was likely only for 4/6 weeks which likely means more Glatopa reorders coming up as we are six weeks out. We need to crank sales up now to cover the 35/40M per quarterly expenses. The wholesalers are not carrying large inventories.
They indicated there was quite extremely positive feedback overall and strong demand from wholesalers.
Most any other stock would have got a big bump with our exceeding numbers today.
They sounded very positive on the potential for expansion of our drug to use for many other cancers with our current cancer trial.
Sounded fairly confident the 40MG Glatopa dosage should proceed fairly fast with the FDA.
Talking to quite a few people on a broad agreement on 7 bio similar. Should know 2nd half if a broad agreement or several smaller agreements. There are discussions going on from both fronts.
Boing X 2
pollyvonwog,
A special Thank You to you and your friend for providing the board with the weekly script information.
It is greatly appreciated.
Boing X 2
New Pre Grant patent application filed 7/30,
"GLYCOPROTEINS WITH ANTI-INFLAMMATORY PROPERTIES"
Boing X 2
marthambles,
I agree. Nothing on either Teva or Amph yahoo message boards. I have been searching the net and watching close for any reaction.
I suspect we are close to getting a ruling.
Also, the CEO of Amph sold over 325K shares in June. Nice timing.
I am wondering, if under the new 50/50 sharing agreement, with Sandoz, we had to up the money set aside for the bond from 20M to 50M to reflect the new agreement?
Boing x 2
biopearl,
Hope this helps from AMPH annual report
"Distribution Agreement with Actavis, Inc.
In May 2005, the Company entered into an agreement to grant certain exclusive marketing rights for its enoxaparin product to Andrx Pharmaceuticals, Inc., or Andrx, which generally extends to the U.S. retail pharmacy market. To obtain such rights, Andrx made a non-refundable, upfront payment of $4.5 million to the Company upon execution of the agreement which was classified as deferred revenues. Under the agreement, the Company is paid a fixed cost per unit sold to Andrx and also shares in the gross profits (as defined) from Andrx’s sales of the product in the U.S. retail pharmacy market. In November 2006, Watson Pharmaceuticals, Inc., or Watson, acquired Andrx and all of the rights and obligations associated with the agreement. In January 2013, Watson adopted Actavis, Inc. as its new global name. The agreement has a term that expires in January 2019 and can be extended by Actavis for an additional three years. The agreement may only be terminated prior to the end of the term by either party in the case of a breach of contract or insolvency of the other party, by the Company if Actavis fails to purchase a minimum number of units and by Actavis if an infringement claim is made against Actavis.
In January 2012, the Company launched enoxaparin, beginning the seven-year period in which Actavis has the exclusive marketing rights for the Company’s enoxaparin product in the U.S. retail pharmacy market and the start of the Company’s recognition of the $4.5 million deferred revenue over this period on a straight-line basis. Actavis has an option to renew the agreement for an additional three years. As of December 31, 2014 and 2013, the balance of the deferred revenue was $2.6 million and $3.3 million, respectively.
The Company manufactures its enoxaparin product for the retail market according to demand specifications of Actavis. Upon shipment of enoxaparin to Actavis, the Company recognizes product sales at an agreed transfer price and records the related cost of products sold. Based on the terms of the Company’s distribution agreement with Actavis, the Company is entitled to a share of the ultimate profits based on the eventual net revenue from enoxaparin sales by Actavis to the end user less the agreed transfer price originally paid by Actavis to the Company. Actavis provides the Company with a quarterly sales report that calculates the Company’s share of Actavis’ enoxaparin gross profit. The Company records its share of Actavis’ gross profit as a component of net revenue.”
I think Watson could have a hard time saying they are totally insulated when there well could be on going violations due to their demand specifications being on going. It will be interesting to see that argument and any prior discussions, letters etc regarding any agreement. In fact I would try and make a case ACT knew AMPH was not paying for use of our patent and still went ahead with the agreement.
I do hope we move to have the 100M bond dismissed, assuming a favorable ruling. It would free up cash. If not granted it will just up our potential damage claim for loss of use of money and profits if we prevail.
mouton29,
Thank you for the correction. I don't want to blame counsel if it was caused by Amphastar.
jbog,
My, my, Amphastar I do believe their counsel were also given sanctions in our case. They are on roll. I know they may impose sanctions. Time will tell.
"A U.S. judge has dismissed an unusual whistleblower lawsuit by generic drugmaker Amphastar Pharmaceuticals Inc accusing rival Sanofi SA of deceiving the government in a patent application, and said he may impose sanctions on Amphastar's counsel.
U.S. District Judge Marvin Garbis of the Central District of California said on Monday that Amphastar had not shown that it had independent knowledge of Sanofi's alleged fraud, a requirement for a bringing a whistleblower lawsuit under the False Claims Act."
t57,
I have not seen Trading places but can only imagine.
With that said, I guess we need to add in and split a two hour Bruce Lee security detail price at a location of mouton29.s choice.
What one has to go through to get a brief and make a buck now days. It sure has changed from when I was working.
Double_Bagel,
Darn, someone must have paid for the courier to deliver the brief. Next time we need to ask how much and chip in for a copy.
I hope that is the reason for the bump.
t57,
I think you meant me. That was a law seminar given in Sept 2012. It is on the net under the title.
The important part is they were relaying what the court was saying on the continued use of our patent.
The attorneys were going to discuss the case at the seminar.
I doubt they would not have it right when they charged $120 a person to attend. I just didn't want to splash the three attorneys name over the net.
mouton29,
Thank you for trying.
I found this,
"Cross Winds in the Safe Harbor: Classen v. Biogen and Momenta v. Amphastar
Two recent Federal Circuit opinions mark out highly divergent views on the scope of the § 271(e)(1) safe harbor of the Hatch Waxman Act. Both cases involve drug companies who used another’s patented invention while developing information to submit to the Food & Drug Administration about an already approved product. In last year’s Classen, a case involving immunization methods, the Federal Circuit panel reversed a district court decision and held that the defendants’ post-approval activities were not protected by the safe harbor. But in this summer’s Momenta, which was litigation between two generic manufacturers, the appellate panel ruled that post-approval activities could indeed be within the safe harbor. The panel vacated the lower court’s preliminary injunction, finding that Amphastar’s ongoing use of Momenta’s patented manufacturing method was noninfringing.
The U.S. Supreme Court has already twice addressed the scope of the safe harbor provision of the Hatch-Waxman Act, in Eli Lilly v. Medtronic (1990) and Merck v. Integra (2005). Recently it requested the solicitor general’s input on a petition for a writ of certiorari on Classen. Our panel, which includes two litigators and the assistant general counsel of a large pharmaceutical company, will discuss the current state of the case law and its future.
Of Note: The panel vacated the lower court’s preliminary injunction, finding that Amphastar’s ongoing use of Momenta’s patented manufacturing method was non infringing.” NOTE THE WORDS ONGOING USE.
That was my take in listening to the court hearing. They continue to use our patent. i.e. why the Judge said it sounded like Amphastar was trying to bootstrap on our patent. MY words they want FREE USE FOREVER!
If we ultimately prevail, that 100M bond should look like chump change on what they will owe us.
floblu14,
Don't even get me started on UBS.
Just do a search on UBS fines. They almost equal the amount of sounds from a cuckoo clock.
My broker and i were with them for years. After smuggling diamonds in tooth paste tubes, and on and on, she left them, scarred of what was going to happen there, and I left them.
They are about to get hit with mega billions more fines for allegedly fixing libor rates. I guess it is a Swiss Cheese thing to screw the lesser clients and every one else. Not the ones who they will allegedly smuggle diamonds in toothpaste tubes to make them happy.
They are also up for also prior violations o previous settlement agreements. They just keep on cuckooing.
I tried to buy 100K shares of a stock. They had to think about it. While they think about it the prices goes up .50 cents a share. Guess what, I had to buy less. Then I find out they are making a market in the stock, which they never told me, and then the screw up on a filing and they end up owing me and others share holders for millions.
In short, UBS could say the sky is falling and I would never listen to them ever again.
As I said, just search UBS fines. It will blow your mind on how long the list is while they blow their Swiss Horns up yours!
Just a matter of time.
Boing x 2
floblu14,
You are right, it is just a matter of time. The more the word Glatopa is punched into the net search the more the word spreads.
Take a look at what has happened in a few days since I posted about coupons from goodrx.
https://www.goodrx.com/glatopa
Look at that list.
From what I am seeing, we should be hearing about that 10Million initial payment for commercial sales shortly. That is, unless they think it doesn't belong to the shareholders. I think they got their options so it should belong to us shareholders.
Tomorrow is the last day of the quarter. I am thinking the initial stocking might be more than I first thought in the second quarter. Time will tell.
Boing X 2
Nice to see Glatopa written into the Aetna plan,
They were quick to update their plan. Nice work.
"**Note: Interferon beta and glatiramir acetate (Copaxone, Glatopa) are first-line treatments for multiple sclerosis. There are several brands of interferon beta on the market. There is a lack of reliable evidence that any one brand of interferon beta is superior to other brands for relapsing-remitting multiple sclerosis. Rebif (interferon beta-1a) brand of interferon beta ("least cost brand of interferon beta") is less costly to Aetna. Consequently, because other brands (Avonex (interferon beta-1a), Betaseron (interferon beta-1b), Extavia (interferon beta-1b), and Plegridy (peginterferon beta-1a)) are more costly than the least cost brand of interferon beta, and the least cost brand of interferon beta is at least as likely to produce equivalent therapeutic results, no other brands of interferon beta will be considered medically necessary unless the member has a contraindication, allergy, intolerance or failure of an adequate trial of the least cost brand of interferon beta plus a trial of Copaxone.
"
I also believe as Glatopa, is FDA approved now, it qualifies for the military under their Tri Care managed by Express Scripts. It appears the law changed in 2004 to make it automatic if a drug is FDA approved.
indigokid,
OK. Thank you.
Boing X 2