If the court rules that Amphastar has already infringed, then a very substantial damage claim is very much in play.
The AG trigger is costing MNTA pre-tax 30-40M per year that gets transferred to Sandoz, even if no AG drug is sold and it doesn't change the market dynamics. I wonder how the court would rule about damages in this case, as MNTA/NVS hasn't brought up at all as far as I can tell the reduced profit share to MNTA in the different scenarios.