Biotech Values

[DewDiligence]

Re: MNTA-Amphastar settlement musings (revised for iwfal’s changes)

If the Judge allows limited expedited discovery (which will be decided on or about Oct 20), I think the suit will probably be settled out of court. The settlement terms might be something along the lines of the following: i) Amphastar delays launching until the earlier of 2014 or FDA approval and launch of a third generic; AND ii) Amphastar pays MNTA a 20% royalty on sales (of which no portion goes to NVS).

The FTC will challenge the first provision, of course, but the FTC has not been able to make such challenges stick in court.