Regulardoc,
Any substantial verdict leaves them with a major problem.
Assuming the following is correct AMPH and Watson better have what they are going to do all worked out. They are likely not going to have much time to argue who owes what in court.
"How much does a supersedeas bond cost?
The cost of an appeal bond is set on the basis of individual circumstances when a plaintiff brings a specific case to an appellate court.
Unlike the cost of other surety bonds, the supersedeas bond cost does not depend on the personal credit score of the bond applicant. Because it’s difficult to predict the decisions in court cases, appeal bonds are seen as high-risk. That’s why appellants have to pay at least 100% collateral in order to get bonded.
Besides the collateral, the plaintiff needs to pay a bond premium, a percentage of the surety bond amount. This amount depends on the specific court case and is usually equal the financial costs set in the initial court judgment.
Can I get a supersedeas bond with bad credit?
Because of the particularity of supersedeas bonds, there are no special bonding markets for them. Getting an appeal bond is possible only with good finances, so there are no bad credit bonding options.
In general, obtaining supersedeas bonds is more difficult and requires a higher financial responsibility on the side of the bond principal. As supersedeas bonds are high-risk surety bonds, the minimum requirement for 100% collateral is in force. Appeal bond applicants should thus prepare to cover these costs to get bonded."
No appeal bond and Momenta can start executing 10 days after a judgement is entered if there is no appeal bond posted for an appeal. I have seen that happen in other litigation before.
Then comes the unknown on what Watson will do. Based on the above it appears unlikely that AMPH will ever get an appeal bond on its own. Estimated interest and costs would have to be included in the appeal bond if I remember right.
Boing X 2
