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Re: DewDiligence post# 129541

Thursday, 10/27/2011 12:52:04 AM

Thursday, October 27, 2011 12:52:04 AM

Post# of 257253

Thus, by claiming that it would as long as one year to prepare for trial, Amphastar was lobbying for no PI on the grounds that it would cause undue economic harm to Amphastar by (purportedly) causing a long delay until the case could be adjudicated and the PI could be lifted upon an Amphastar win in the trial.



If he was lobbying that the PI would be painful he was doing so while also admitting that it was because his case was extremely difficult (in point of fact the lawyer almost straight out admitted as much). Kinda like lobbying for gun control by shooting yourself in the head - it isn't the best plan in the world. So I doubt it was his voluntary plan.

PS I'd bet good money this question by the judge is not uncommon. Both lawyers appeared very prepared for it - and it is a wicked good question for eliciting a reasonably truthful version of the lawyers own inside opinion on the two things that are to be the deciding factors in a PI decision (pain and likelihood of success). And Momenta absolutely smoked that test.

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