Replies to post #128472 on Biotech Values

[exwannabe]

Interesting point - but would they give the punitive damages to MNTA since the stated words of the law are so different from the intent that it would be hard to say that Amphastar intentionally made unfair use of the patent?

Unless I am mistaken, intent does not play in basic damages, only treble damages.

EDIT: missed you said punitive, I agree that could be off the table.

[zipjet]

I do think that exwanabe's interpretation of the statute is more in accord with my view of the public policy and constitution.

Whether the courts will get there is more in doubt.

>>Interesting point - but would they give the punitive damages to MNTA since the stated words of the law are so different from the intent that it would be hard to say that Amphastar intentionally made unfair use of the patent?

I think the punitive damages fail as soon as (should the) court rules for Amphastar absent some wrongful representations to the court by Amphastar allowing launch.

But the actual damages are still huge.

ij