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Re: mouton29 post# 128413

Thursday, 10/13/2011 11:41:55 PM

Thursday, October 13, 2011 11:41:55 PM

Post# of 257262

On the other hand, given the dates involved why did it take them 5 days to file the emergency motion



Feels to me like they got completely blindsided by the TRO and it took them a while to get their act together. Likely the lawyers initially had no clue about any sales efforts and the executives had no clue about any of the legal stuff.

Also feels to me like the judge thought that a 2 week TRO was going to be no big deal. Now that there is at least an argument that it is a big deal, I suspect that it will not survive in its present form. The Amphastar actions also do not look like those of somebody trying to settle this case - looks to me like they will launch and take their chances with the subsequent law suit.

Amphastar at this stage (given their legal disarray) may not even realize that they could in theory be risking a multi-billion dollar liability because of the change in terms of the MNTA/Sandoz contract that would be engendered by a launch that was subsequently found to be in violation of MNTA's patent.

Peter

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