Replies to post #128413 on Biotech Values

[MadCityCyclone]

probably because the man behind the curtain doesn't know what he's doing. i'd guess that man isn't from proskauer rose.

On the other hand, given the dates involved why did it take them 5 days to file the emergency motion , in fact after one of the deadlines had expired.

[biomaven0]

On the other hand, given the dates involved why did it take them 5 days to file the emergency motion

Feels to me like they got completely blindsided by the TRO and it took them a while to get their act together. Likely the lawyers initially had no clue about any sales efforts and the executives had no clue about any of the legal stuff.

Also feels to me like the judge thought that a 2 week TRO was going to be no big deal. Now that there is at least an argument that it is a big deal, I suspect that it will not survive in its present form. The Amphastar actions also do not look like those of somebody trying to settle this case - looks to me like they will launch and take their chances with the subsequent law suit.

Amphastar at this stage (given their legal disarray) may not even realize that they could in theory be risking a multi-billion dollar liability because of the change in terms of the MNTA/Sandoz contract that would be engendered by a launch that was subsequently found to be in violation of MNTA's patent.

Peter

[DewDiligence]

I have a little experience with GPO bids and I’ve never heard of a mid-October deadline for a contract that starts in January. This is not to say it can’t be true, but rather that it doesn’t pass my initial smell test. Neither does the purported launch, for the reasons mentioned in prior posts.

Tomorrow should be good theater.

[marthambles]

Are you aware of affidavits on file supporting the "active talks"? Are they attorney affidavits or from Amphastar employees?