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Re: iwfal post# 129552

Thursday, 10/27/2011 7:40:17 AM

Thursday, October 27, 2011 7:40:17 AM

Post# of 252984

You are asserting without explanation so let me at least be completely clear. You are saying that:

a) Momenta hoped to convince the judge of the impact to them by lowballing their potential damages.

b) Amphastar hoped to convince the judge of the impact to them by exagerating their potential damages.

I submit that that requires some explanation.



It is the relative damages that count.

As far as ongoing sales, the delay does not matter as these scale proportionally with the trial delay for both sides. But MNTA suffers a fixed permanent harm that does not increase with trial delay. Thus a shorter delay causes MNTA damages to increase wrt Amphastar damages, despite being lower in absolute terms.

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