It also dramatically reduces the damages that MNTA could have potentially have claimed.
I don't think so.
I would argue that the launch of the AG is a direct result of and the damages proximately caused by the Amphistar intent to launch (possible actual launch).
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