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mcbio

10/30/11 12:59 PM

#129817 RE: DewDiligence #129815

We can add two additional columns to the table in #msg-68490452 showing the ultimate resolution and the resolution date (i.e. when a permanent injunction was granted or the preliminary injunction was lifted).

With the PI now in-hand for MNTA, does this open your mind up any degree to MNTA just going for the permanent injunction and not settling for a settlement? Surely the preliminary injunction increases the odds of MNTA ultimately landing the permanent injunction (zip's post [#msg-68490922 ] seems to support an extremely positive impact for the company that lands the preliminary injunction). If MNTA is indeed considering the settlement option, I have to think they would have to receive very lucrative settlement terms from Amphastar insofar as such settlement will ultimately resuls in another gL on the market down the road and the ultimate switch of MNTA from hybrid-mode to the much less lucrative royalty-only mode on mL sales. You also have to wonder, from the other side, if Amphastar will even be open to what in all likelihood would have to be an expensive settlement for them. And finally, I still think it's hard to put a price on what landing the permanent injunction would do to boost the perceived value of MNTA's proprietary technology, a technology being applied to both mC and the entire FoB platform to come. I tend to think that a permanent injunction on aL could boost the value of mC and the FoB platform as well.

All told, perhaps I'm being greedy, but I'm still in the camp of hoping MNTA goes for the permanent injunction (it's a quiet camp to be sure).