Replies to post #127976 on Biotech Values

[iwfal]

However, the mere fact that the Judge allows discovery ought to be enough to induce the parties to entertain serious settlement discussions.

Curious as to your logic since the judge is essentially making a judgement only on the possibility of irreversible damage to Momenta. Virtually no judgement whatsoever on the probability of either side prevailing because discovery hasn't happened yet. No balloons will be punctured. No new knowledge will come to bear.

And certainly big stakes by themselves are rarely a reason to settle - e.g. see the various wireless patent wars.

[apljack]

Could you expand on what you think MNTA will "discover" that will prompt Amphastar (and MNTA, to be sure) to settle out of court?

Here's my WAG,

Amphastar has to have a process for accurately characterizing their molecule. If they use a process that infringes on Momenta's patent(s), Amphastar will have to settle. It doesn't matter that Amphastar may have come up with an accurate process independently, it's a matter of patent protection.

aj

[flatlander_60048]

Would expedited discovery apply just to Amphastar-Watson records or might MNTA subpena FDA to be allowed to view their files. While this could be very interesting (in a perfect world), I'm certain both FDA and Amphastar would have the opportunity to remove or redact files due to trade secret and/or Agency confidentiality.

Based on my quick perusal of the attached file it looks like the files could be subpenaed from FDA but I don't think the process could be completed under the guise of expedited discovery.

http://www.fda.gov/downloads/AboutFDA/CentersOffices/CDER/ManualofPoliciesProcedures/ucm073572.pdf

Regards
FL