InvestorsHub Logo
Followers 6
Posts 760
Boards Moderated 0
Alias Born 07/18/2006

Re: mouton29 post# 17353

Monday, 06/19/2017 3:10:13 PM

Monday, June 19, 2017 3:10:13 PM

Post# of 20689
Mouton, point taken. Thanks, It has been probably five years since we looked at the original DC ruling and subsequent Appeals Court rulings. You were very kind to correspond with me at that time. The case has certainly take some twists and turns. Nonetheless if I recall correctly, the original DC ruling WRT the validity of the '866 patent was in Momenta's favor with the subsequent derailment that followed being based on Amphastar's contention that they had Safe Harbor protection, which has now been established clearly that they do not (recall the "safe ocean" comment by a minority opinion judge). I also recall that Amphastar refused to turn over material requested one of the courts, a bold move indeed. As to the other contentions, the conflict of interest argument is very interesting but if the central issue is the validity of the patent, hasn't that been established with support of expert testimony and acceptance by the DC already, regardless of the other arguments made by Amphastar? It would seem that the court would consider this the central issue. There have been so many surprises that this has unfortunately reached the level of entertainment and a process that detracts from the layman's respect of an efficient legal system. Hope you are well, Regards, bp As an aside Flo, thanks for all the updates, and Dew, thanks for your gyroscopic leadership. bp