Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

WPI seems pretty confident they would not be liable for any damages per their contract with Ampha. Is that confidence unfounded as clearly if MNTA did win the patent trial, Ampha would not be able to pay. I guess I'm not exactly sure as to how the courts would go after WPI.

The Court trying the patent case couldn’t care less about an Amphastar-WPI side deal on indemnification. If WPI, as a co-defendant, is hit with damages by the Court, WPI will be responsible to the Court for paying, irrespective of what WPI can recover from Amphastar.