Biotech Values

[DewDiligence]

MNTA—If [USSC cert] happens, I would expect the more conservative Supreme Court [justices] to side with patent/property rights over the short-term "public good" of lower drug prices.

This case may be more complicated than conservative vs liberal; from stockbettor’s musings in #msg-81699583:

The legislative history as recounted by [CAFC] Chief Judge Rader strongly favors MNTA's position. But the statute can be literally read, as Judge Moore did in MNTA without resort to legislative history, to favor Amphastar. Scalia has long advocated disregarding legislative history if the statutory language is clear. I believe this is called the "textualist" view of statutory interpretation. Presumably Scalia could pull along a few colleagues if he considers the Hatch-Waxman language to be clear.

In other words, it’s not immediately clear which justices on the USSC are favorably predisposed to MNTA’s argument.