Prior to the TRO, Amphastar was in active talks and preparations to make time-sensitive bids on significant GPO enoxaparin contracts. The deadlines for two such bids fall within the TRO period. (The details are again provided in the Liawatidewi declaration, filed under seal herewith.) In particular, these GPOs have solicited bids for enoxaparin that are due on October 11 and October 14, respectively. The contracts have a term of three years each and estimated annual sales of tens of millions of dollars.
It strikes me that this is the kind of thing that can be verified. If they have filed a false affidavit and it is discovered they will be in big trouble. On the other hand, given the dates involved why did it take them 5 days to file the emergency motion , in fact after one of the deadlines had expired.
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