Thus, Amphastar would impose on the plaintiffs the harm that the TRO is designed to avoid -- price erosion that will not be reparable -- in order that it might bid on contracts that, it states, Amphastar is unlikely to win in any event -- because of the uncertainly created by the existence of this case (not by the TRO).
If I were the judge, I would leave the TRO in place and tell the parties to focus on their presentations for the PI.
MNTA/Sandoz team should be focusing on demonstrating on the 20th that they are likely to prevail on the merits. If they fail to convince the judge of that, the TRO will end and no PI will issue.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes