But isn't this similar the Amphastar's situation? They won the first court case didn't they? Now everyone thinks they owe Momenta $53 Trillion Dollars, plus interest.
Under that scenario, damages (but not treble damages) could be assessed; however, an Appellate Court reversal in this particular case is highly unlikely, IMO, because the arguments are simpler than in most drug-patent cases (and very much simpler than in the Lovenox patent case).
NVS/MNTA/MYL will argue that giving twice as much Copaxone half (approximately) as often is an obvious thing to try and hence is not a bona fide invention worthy of patent protection.
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