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Post# of 253536
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Re: acgood post# 129747

Friday, 10/28/2011 10:46:57 PM

Friday, October 28, 2011 10:46:57 PM

Post# of 253536
MNTA:

And as we discussed in an earlier thread, SNY's launch of AG was solely in response to the FDA approval of Amphstar's product



I have no recollection of the previous discussion, but 2 points of dispute.

1) It is certainly possible that A & W (is that a root beer?) infringed in obtaining the ANDA, in which case the direct chain still exists.

2) SNY did not launch until after Amphastar claimed they had been selling. So the decision by SNY was clearly after the Amphastar admitted (potential) infringement, and after they stated they had already significantly reduced the price.

I am not saying I would win this argument, but I do like my chances.

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