Replies to post #6350 on Momenta Pharmaceuticals, Inc. (MNTA)

[investorgold2002]

"You don’t know what you are talking about. The Court’s decisions on limited expedited discovery and a preliminary injunction will come before the start of a trial. (That’s why a preliminary injunction is called preliminary—it can be overridden by the results of a trial.)
Contrary to your assertion, a settlement between the parties can occur at any time. It is most likely to happen, IMO, after limited expedited discovery and before the ruling on a preliminary injunction, which is well before the start of a trial."[/quote]

Again your naked arrogance is at display in your 1st statement. your statement "preliminary injunction is called preliminary-it can be overridden by results of a trial" is laughable.

IMHO:
The reason I take the position that it is likely NO SETTLEMENT will happen until PI motion is decided by court is even if Ampha/or its suppliers were to be using the same testing methods, there is strong plausible argument of obviousness of those testing methods..and at the stage of PI, it is the burden of patentee to persuade the court that they would prevail despite the challenge presented on obviousness. The irreparable harm I definitely believe is in favor of MNTA. But MNTA has to also prove the likelihood they would prevail on the merits of the case to win PI

Now the possibility of getting hit with liability for damages for wrongful PI (If the trial decision goes the other way) may weigh on both parties in favor for a settlement before PI. This is where there is an incentive for both parties to settle before PI. it is possible that MNTA may throw carrot(like 1.5 year delay- A trial and judgement itself may take at least 1 year or 1.5 years ?) and Ampha may consider it provided they believe the obviousness defense is not surefire thing.If they truly believe in the obviousness defense then there is no fear of wrongful PI on part of Ampha (and the subsequent damages that come with it) and they will want to fight the PI and wait for the court decision on PI. If it goes in their favor, Ampha can start selling the drug in Q4 itself rather than waiting for 1.5 years.

[oldberkeley]

Dew: At some point—a place I suspect you reached months ago—one just stops trying logical reasoning and facts and simply moves on.

Dopeler effect: The tendency of stupid ideas to seem smarter when they come at you rapidly.

:-)