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Sunday, 10/09/2011 11:38:29 AM

Sunday, October 09, 2011 11:38:29 AM

Post# of 20689
Watson's PR on TRO makes things clear

http://www.marketwatch.com/story/watson-provides-update-on-district-court-order-concerning-generic-version-of-lovenox-2011-10-08

Watson Pharmaceuticals, Inc. /quotes/zigman/191341/quotes/nls/wpi WPI -1.05% today confirmed that the United States District Court for the District of Massachusetts has granted a request by Momenta Pharmaceuticals, Inc. and Sandoz Inc. for a temporary restraining order (TRO) preventing Watson and Amphastar Pharmaceuticals, Inc. from marketing or selling Amphastar's Enoxaparin Sodium Injection product, a generic equivalent to Sanofi-aventis' LOVENOX®. The temporary restraining order expires on October 21, 2011. During the hearing on the TRO, the court made no finding concerning plaintiffs' likelihood of success on the merits of their claim. However, in its written order, the court found the plaintiffs had demonstrated a likelihood of success on the merits for the purpose of the TRO. The court scheduled a full hearing on the merits of Momenta and Sandoz's motion for a preliminary injunction for October 20, 2011. Watson expects to launch the product during the fourth quarter of 2011 if the plaintiffs' request for a preliminary injunction is denied.


As I mentioned PI motion will be decided by court. THERE WILL BE NO SETTLEMENT TALK UNTIL PI MOTION IS DECIDED. IN FACT THE SETTLEMENT TALK IS VERY PREMATURE, AND ONLY WILL COME IN AFTER TRIAL HAS LASTED A WHILE AND EACH PARTY KNOWS IT'S LEGAL POSITION WELL.