(MNTA/AMPH)—AGN could probably find a buyer for its Lovenox rights if they indemnified the buyer against damages arising from prior behavior (i.e. the possible infringement of MNTA's Lovenox patents). However, due to the legal complexities, it may make more sense for AGN to simply return its Lovenox rights to AMPH.
Whether AGN can be held liable for damages arising from the Lovneox patent case is unclear. AGN says it was fully indemnified by AMPH, but the Court might not recognize that side deal if AMPH were unable to pay Court-ordered damages in full.
“The efficient-market hypothesis may be
the foremost piece of B.S. ever promulgated
in any area of human knowledge!”