But the irreparable harm rests solely on MNTA not the unit?
That’s absolutely false—NVS will certainly be harmed economically if Amphastar wins the patent suit. Despite the fact that NVS will keep a higher proportion of NVS-MNTA’s Lovenox profits following an Amphastar launch, NVS’ Lovenox profits following an Amphastar launch and a SNY authorized generic will be reduced to such a degree that NVS’ net take will be less than under the existing duopoly.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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