"I just find it hard to believe they will get it. Sanofi would have waited on AG if they believed it was a likely outcome. Don't you agree with this IG? "
I don't. I am basing it on what is going in the last few days. Why is the judge asking for this piece of info (separation method and determining) and why is he allowing so much back and forth on this 1 issue. It would be moot for the judge to do this, if he had already decided the case (say on obviousness or hatch waxman ).
The fact that he is giving this much importance to this 1 issue makes me believe this issue is a game changer for him in deciding "likelihood of who will prevail in the trial".
I very much believe the irreparable harm is in MNTA's favor.
I am guessing Sanofi went with AG because they probably thought Ampha will launch soon and they want to put their AG before that. However, if MNTA gets PI, its also possible that Sanofi may go slow on AG or keep the price of AG pretty high