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Re: DewDiligence post# 129839

Sunday, 10/30/2011 8:22:53 PM

Sunday, October 30, 2011 8:22:53 PM

Post# of 257257

Your reply is non-responsive to my point that either party (NVS or MNTA) can torpedo a proposed out-of-court settlement with Amphastar by simply refusing to sign on the dotted line.



Strongly disagree - since if they had terms about how to split patent suit results then if either party strayed too far during settlement talks the other side would undoubtedly trigger arbitration - or just let the suit run its course. I.e. you might be right in principal, but as a pragmatic matter any such terms would still apply to a settlement. (I've been in such negotiations before - and even when the terms don't strictly apply they are still loosely followed.)



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