Agreed that a Court-ordered royalty on Amphastar/WPI’s sales payable to NVS/MNTA is a possible outcome in lieu of a permanent injunction if the Court rules in favor of NVS/MNTA on patent infringement. However, a Court-ordered royalty would merely cover future sales, so an award of damages for past sales would still pertain.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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