Somewhat uncharted territory in litigation related to generics, and I don't know what the FTC would consider anti-competitive or not in this instance -- or even how much say they'd have. So not sure what they'd think of a delayed launch. The alternative is a royalty, which I'm sure the FTC would have no problem with. But what Momenta could extract, I do not know. Is it possible to get a prospective ruling on delayed launch, or do the parties actually have to agree to it before the FTC says yes or no? I guess the latter would work to Momenta's advantage, as waiting for the FTC to decide while the PI is in force obviously adds more to their coffers.
Anyhow, tough call, at least for me. Uncertainty . . . = skittish investors.
Regards, RockRat