Momenta Pharmaceuticals, Inc. (MNTA)

[exwannabe]

Re: Unlikely to see a preliminary if appeal won.

I agree completely. A major reason for a PI would have been the concept of irreparable market damage. That is now past history. To whatever extent they could regain pricing power, the additional delay would not likely matter much.

But what about a settlement? The driving force behind this would be the same as "pay for delay". The situation is not even close to zero sum between the players.

Is it reasonably safe to assume that Teva is or is not infringing to the same extent as Amphastar? If so, given the earlier action by the trial Judge, the defendants would have to assume a decent chance of losing.

We are certainly talking billions at risk, and some companies would be very happy to walk away paying chump change and let Sandoz get the future profits (at least for the patent duration).