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marthambles

10/25/11 10:02 AM

#129321 RE: zipjet #129320

I would undercut the pricing and guaranty best pricing to the pharma channel. I would guess SNY could take half or more of that degraded market



Given how profitable the current pricing structure is, why wouldn't they try to maintain it until a third party entrant was confirmed?
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DewDiligence

10/25/11 10:40 AM

#129326 RE: zipjet #129320

…reduced irreparable harm due to AG

The trigger of an AG launch is only one component of MNTA’s argument for irreparable harm, and it’s a relatively minor component of the argument, as you can see if you read the pleadings.

Inasmuch as SNY has always had the right to launch an AG irrespective of what Amphastar (or any other company) does, I doubt that MNTA’s argument about the threat of an AG launch would have figured into the Judge’s thinking on a PI in a material way. Hence, the Judge’s calculus on whether to issue a PI hasn’t materially changed since last Friday, IMO, despite your protestations to the contrary.
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turtlepower

10/25/11 10:43 AM

#129327 RE: zipjet #129320

The launch of the AG makes it even more* likely that the TRO is dissolved, IMO.



Is this really that likely given that the harm to MNTA is significantly more if aL launches in addition to the AG? Will MNTA be able to argue that the AG launch harm while painful is not significant?