MNTA - Random comment. One of the parts of the Friday trial that I loved was the question to each of the attorneys "If the PI decision goes against you how long until you would be ready to go to trial?".
It is a great question because:
a) It is a great indicator of what decision should be made regarding the PI - the party that answers with the shorter time is probably the side for whom the loss in the PI portion is more important and/or the side that has the stronger case (and thus it takes less time to prepare). Momenta answered 1 month. Amphastar, 1 year. That said, it isn't entirely a balanced question because the patent holder has presumption on their side - but the difference should undoubtedly not be a factor of 12 or anywhere close to it.
b) The attorneys cannot game their answer too much without substantial risk to their own side. E.g. If Amphastar had answered 1 month they'd be stuck preparing a very difficult case in a time they suggested.
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