I don't understand all this gerrymandering by Amphastar et al... i.e. Either they infringed on MNTA's patent(s) or they did not. That will decide the long run, but in todays corporate world who cares? You take the short term and run. So Ampha wants the PI lifted. They have now resorted to the weakest of all arguments. The "common good" clause of what makes for a PI. I am starting to think that MNTA needs to play real hardball here. As a side note, the nature of ones legal defense to a patent suit is actually a factor in the treble damages question.