Replies to post #128105 on Biotech Values

[biomaven0]

To continue your analogy:

Amphastar uses techniques that infringe MNTA's patents to demonstrate sameness, and using these techniques, they get approval. But they also show that if they monitor their 7 (non-infringing) elves closely, they always have sameness, and going forward they manufacture using these 7 elves only.

My guess is this gets settled at some point with a high single-digit royalty. Obviously none of us can do more than guess here - we just don't know the key facts aside from all the legal uncertainty. I'm basing my prediction on the fact that while generally process-type patents don't hold up at all (there is typically some way to circumvent them), here there is the potential for huge (maybe multi-billion dollar) liability, so Amphastar/Watson will be more inclined to settle and get this over and done with.

Peter