Biotech Values

[mouton29]

<<MNTA: Has the AG launch been suspended?>>

According to MNTA, it has -- from page 7 of the decision:

Plaintiffs, nevertheless, oppose the dissolution or stay of the prliminary injunction because, they say, ... 3) sales of the authorized generic have been suspended since
the Court enjoined the defendants.

And that is really the basis of the court's decision:

The third of plaintiffs’ arguments does, however, counsel
against dissolution of the preliminary injunction. Plaintiffs
consistently represented to the Court that defendants’ sales
activity, if not enjoined, would precipitate the launch of an
authorized generic which would, in turn, irrevocably alter the
status quo to plaintiffs’ detriment. Apparently, Sanofi’s
initial sales were in response to the FDA’s approval of
Amphastar’s generic product and the suspension of such sales has
been in response to the injunction. Although those sales have,
no doubt, had some effect on the market, it is presumed that a
full-blown launch of defendants’ generic would have a
substantially greater effect.