Excellent news for MNTA. From the Court Order you posted:
With respect to the bidding issue, the defendants have not demonstrated that the temporary restriction of their ability to record bids on the two GPO contracts will cause them an irrevocable loss of business. The precise terms of the potential contracts, including whether they are “sole source” contracts with or without “termination rights” or “rights of first refusal”, is unclear, and defendants’ indeterminate harm does not warrant modification of the TRO. The Court has temporarily restrained the defendants to prevent potential harm to the plaintiffs in the form of price erosion. Nothing in defendants’ offer of proof has persuaded the Court to alter its decision in the short term.
Amen. As previously noted (#msg-67981704), Amphastar’s pleadings with respect to submitting bids for GPO contracts did not pass the smell test.
This also puts to rest the notion that Amphastar previously sold product to anybody (except perhaps to WPI, which would not constitute a commercial launch as defined in the NVS-MNTA agreement).
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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