Amphastar indemnified Watson, but what if Amphastar can’t pay?
Then WPI itself would be liable for any court-assessed damages. This is probably the reason WPI is taking a go-slow approach to the Lovenox launch (#msg-77884681). I.e., WPI is selling enough Lovenox to avert a breach-of-contract suit from Amphastar, but not enough to ruin the company if Amphastar/WPI end up losing the patent suit.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”