MNTA—What’s astonishing and professionally negligent (IMO) is that the CAFC did not ask the US SG to opine on the legislative intent of the Hatch-Waxman Safe Harbor when the CAFC lifted the District Court’s preliminary injunction in Jan 2012, allowing Amphastar to launch its version of generic Lovenox.
(In the CAFC’s 2-1 ruling against MNTA in Jan 2012 on the preliminary injunction, the one judge siding with MNTA [who is now retired] said in his dissent essentially the same thing that the US SG is now saying in its amicus brief.)
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”