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DewDiligence

10/07/11 5:25 PM

#127952 RE: mcbio #127950

Re: MNTA-Amphastar settlement musings

What are your current odds for MNTA ultimately obtaining a permanent injunction against aL?

If the Judge allows limited expedited discovery (which will be decided on or about Oct 20), I think the suit will probably be settled out of court. The settlement terms might be something along the lines of the following: i) Amphastar delays launching until the earlier of 2014 or FDA approval of a third generic; and ii) Amphastar pays MNTA a 20% royalty on sales.

The FTC will challenge the first provision, of course, but the FTC has not been able to make such challenges stick in court.