irreparable harm IMO would be based on loss of reputation and also other incalculable damages in marketplace (Eg: not getting a FOB partner, etc)
I don't agree at all. Loss of reputation, FOB Partner etc would be an fishing expedition at best. The only harm I see, would come from the Sandoz/Momenta agreement and Sanofi's entrance as an AG. The Judge would be right to tell Momenta to get better lawyers next time regarding their Sandoz contract but he could grant something in consideration for Sanofi's AG.
The case at this point shouldn't deal with the validity of the patents. That's next. In any case, I don't ever see Momenta gaining any great windfall from a financial standpoint from Amphastar.