Biotech Values

[iwfal]

MNTA

“Teva alone has the resources to do these at-risk launches,” said Joseph O’Malley, a patent lawyer at Paul, Hastings, Janofsky & Walker in New York who represents makers of brand-name drugs, in a telephone interview. “If they gamble and are incorrect, the lost profits could be catastrophic to smaller companies that don’t have Teva’s resources.”

Well, if you take this somewhat breathless article at face value you can understand why WPI might take risks that they shouldn't - in order to keep up.

First off, lets remember that Amphastar supplies the wholesale market and WPI sells only to retail.

The 'major damage' that many believe that Momenta will enjoy would be caused by the 1st sale, it's very possible that WPI let Amphastar ship the 1st pen, hence WPI would have no major liability.

They might have attempted such types of gaming. It might avail WPI of something - but I doubt it protects them from damages that would cripple them.

PS WRT:

There are too many unknowns in this whole Enoxaparin situation. ... If WPI were then found liable it would be liable for no more than 3X sales, and that's a stretch in itself.

I take this as movement away from the MNTA-are-idiots position so I think we are closer aligned. And note I have indicated several times that I doubt treble damages is very likely.