Fully indemnified by Amphastar? Comforting? No.
Amphastar is a private company that needs a big pharma to manufacture and distribute. A catastrophic loss in court and Ampha is unlikely to have the financial resources to indemnify anyone.
Legal fees, Ampha probably has enough to reimburse for legal fees, but maybe not if they are hit with a big judgment.
Long and short, it is a comforting press release for shareholders, but reality of indemnification is that you are only as secure as how deep the pockets run by the indemnitor. I don't think this materially changes anything.
I do not know what else Amphastar has going for it product and business wise, but if generic enoxaparin is it, look for Amphastar to be reckless and Watson to be not so reckless, and it will depend on how much control Watson wants to attempt to assert in the process. If this is Amphastar's company, and the company is based almost solely on this product, then they are going to launch unless they are somehow restrained, as what other choice do they then have but to die a slow and whithering running out of cash death as litigation proceeds.
Watson, on the other hand, just another drug, nice cash stream, but they can live with or without it, so they should be much more risk adverse.
Tinker
