Replies to post #485 on Eagle Pharmaceuticals, inc. (EGRX)

[DewDiligence]

What it means for EGRX is unclear.

[Bickema]

No need to apologize, it is very unclear as Dew has pointed out and has my head spinning

So it sounds like in Q1 2017 another court ruling is expected on the matter. Here's a quote from MDCO ceo on last CC

All right. All right. Well, good, let's get going. So what might happen in Q1 2017, like most things in call cases, I'm going to be very guarded about what I say here, Umer, because I don't want to – firstly I am not qualified to and secondly it might not be prudent to try to second guess what very sophisticated judges are going to decide. In brief summary, with 12 en banc judges unanimously agreeing without proposition, I think, it's likely that the – when it goes back to the three of them that they will continue in the same position. But I don't know that for sure, but I think it's a reasonable supposition.

What they do with it, though, I don't know. They could judge definitively on it. They could send it back to a lower court. And there is real uncertainty that I think would be an educated guess by me. So I won't try and do that. I think the timeframe you mentioned of the first quarter is reasonable timeframe based on what we know. But even that is not certain because the courts naturally travel at their own pace.

So there will be probably news around that time. It could be referred to a lower court. It could be dealt within the court. And let's see what happens. I wish I could be more explicit than that, but I'm neither qualified to nor inclined to. As far as damage is concerned, that's an even more delicate topic. One of the world's greatest drug companies is on the end of this discussion. That's called Pfizer. And we have great respect for them. We're partners of theirs. And to have such a conversation on a conference call might be a bit premature at this stage.

He also had this to say about ANGIOMAX revenue

And, yes, certainly, our sales of Angiomax have been crippled for a significant period of time, even possibly before the entry of generics. And certainly the company's business prospects have been significantly harmed by what happened. As to whose fault it was and whether damages are due, that's for someone else to judge, not us. But at the present time, I'd agree with you, very significant financial impact on The Medicines Company. And many of the things we've been doing in the last 12 months, including restructuring the entire firm, laying off a lot of people and selling assets, have come as a direct result of fall of cash flow from Angiomax.

And to complicate things even more, TEVA and APP Pharmaceuticals both have the right via a settlement with MDCO to launch a generic angiomax in 2019 however neither have been granted FDA approval