Biotech Values

[exwannabe]

Damages w/o a launch?

MNTA has already been damaged, are there any chances that Amphastar could already be on the hook?

MNTA would need to show that infringement has already occurred. That would take either the court to disallow the Waxman-Hatch exemption, or to consider the manufacturing already performed an infringement because the intent was commercial (particularly whatever was produced post approval). Is the second argument potentially valid?

Additionally, MNTA has to convince the Judge that the Sani launch was clearly a result of Amphastar's infringement. This one seams a fairly easy case to make.

Even a hint of this could seriously affect Amphastar's willingness to settle. Before I thought DD's terms were too steep. Now I think they are very doable. [Actually, I think the may be low, but MNTA should take something along those lines due to risk considerations].