Replies to post #129091 on Biotech Values

[oc631]

That’s absolutely false

Whatever happens in this case NVS will not experience irreparable harm.

[exwannabe]

That’s absolutely false—NVS will certainly be harmed economically if Amphastar wins the patent suit. Despite the fact that NVS will keep a higher proportion of NVS-MNTA’s Lovenox profits following an Amphastar launch, NVS’ Lovenox profits following an Amphastar launch and a SNY authorized generic will be reduced to such a degree that NVS’ net take will be less than under the existing duopoly.

No argument within the context you are considering, but let us think of the case of an at-risk launch followed by an MNTA court win. In this case, after aL is pulled, NVS will very possibly be making greater profits due to the contract not reverting.

So in this case MNTA would be better off suing on their own as the Court could not possibly divide an award with a negative amount going to NVS.

Of course I kind of suspect that they might have agreed to terms with each other already on this.