I assume that Amphastar knows they are infringing if they are, which brings up the question why would they spend the time/money to get their application approvable if they were just going to have to face the prospect of litigation?
I would not assume that they "know they are infringing" - people/companies often really are 'surprised' at the verdict. Lots and lots of gray space in patents and other legal domain - e.g. what is obvious, what isn't? ...