Thus, the $40M number was presumably a lowball estimate that NVS thought was the minimum number they could use to make NVS’ counter-argument vis-à-vis irreparable harm credible to the judge.
The "$40M" came right after the shipment of 5M units into the channel. For all we know, the "$40M" was supply-constrained at the time - it may have been every unit available. Thus, a FACT was available that supported the argument that on-going sales would not cause irreparable harm.
I am surprised every time the $40M in six weeks is mentioned without the corresponding fact that 5M units were shipped on approval. Those 5M units* would sell for $266M at drugstore.com pricing.
ij
* That is for the 80mg dose which is the dose for the average weight adult (162F, 190M) 176lb at 1mg/kg. The $266M is a retail price so it must be reduced by the markup.