I have to tip my hat to Medac: That was a sneaky one !
They made good use of the advantage of being private and of loopholes in FDA regulations...
The legal fight not being over, you make a great point of Medac having to decide of potentially launching at risk or not.
I have had a quick look, and it seems the burden is different between preliminary injunction and trial. Looking forward to your opinion JoeB !
I found interesting the wording used by Antares in this morning's 8k:
"Antares believes in the strength of its intellectual property and intends to vigorously prosecute its litigation claims. The litigation is expected to proceed to a jury trial unless settled by the parties; a trial date has not been set."
Maybe I am reading too much, but the last sentence seems to leave negotiations open, as many companies would have stopped after the first.
All the more as the timeline for Medac v Antares is rather long: next conference call on status on Oct 14, 2014; schedule proposal to Court by late Feb 2015 regarding claim interpretation (Markman hearing) if needed; last deadline post discovery scheduled late Nov 2015...
The positive is that now 2 sales forces would work on developing the market, as Medac is hiring 27 reps.
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