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Re: DewDiligence post# 129005

Friday, 10/21/2011 8:05:21 PM

Friday, October 21, 2011 8:05:21 PM

Post# of 257579

Based on MNTA’s limited expedited discovery, MNTA told the Court yesterday that Amphastar does infringe MNTA’s ‘466 patent, which covers the 1,6 anhydro structural component of Lovenox that the FDA said is a requirement for showing sameness to branded Lovenox.

Based on the same expedited discovery, MNTA also told the Court that Amphastar does not infringe on MNTA’s ‘886 patent, so you no longer need to worry about the claims in that patent.

Do you feel like the prospects for a settlement are likely off the table, or at least close to it, at this point? I assume a settlement would occur prior to the judge's decision and, since that could have come yesterday, it strikes me as MNTA being willing to roll the dice on the PI. (I'm fine with that, of course.) There's still time for a settlement now with the TRO extended but it's presumably going to take a change in MNTA's sentiment for this to occur.

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