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OakesCS

10/30/11 3:13 PM

#129821 RE: DewDiligence #129818

mnta

presuming a settlement which includes a payout to MNTA from Amphastar; how will Momenta have assurance of the sales/profit that Amphastar is making on a-enox?

While that may seem naive, cynical, or impossible, i have worked for a company that was supposed to receive royalties on a product partially distributed by another company and it was clear that the royalty payer was not accurately reporting sales on the royalty product. Anecdotal evidence from product buyers provides hints to such things but gaining actionable evidence can be more difficult and expensive.

Charlie
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Biowatch

10/30/11 3:17 PM

#129822 RE: DewDiligence #129818

Re:Settlement versus litigation. Latter = court ruling?

To clarify, I assume settlement means settled out of court, and

"litigation has run its course" means outcome determined be a judge's ruling,

which could set a legal precedent or codify/clarify current laws,

in ways one or both parties might not want

or(?) simply because lawyers (and time) eat into too much of expected profits.
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jbog

10/30/11 4:02 PM

#129826 RE: DewDiligence #129818

I would like to see how Momenta would issue A/W rights to a patent that it already assigned exclusive rights to someone else. I'm sure Sandoz would have something to say about any settlement that would only benefit Momenta.
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DewDiligence

10/31/11 10:48 AM

#129886 RE: DewDiligence #129818

Results of the “MNTA: Post-PI” survey in #msg-68493431:

There were 50 votes cast.


Q1: Will the MNTA v. Amphastar lawsuit be settled before the litigation has run its course?

a) Yes: 54%
b) No: 46%


Q2: If the MNTA v. Amphastar lawsuit is settled, which of the following terms most closely match your expectations?

a) Amphastar launch delayed to 2013; 10% royalty to MNTA: 10%
b) Amphastar launch delayed to 2013; 20% royalty to MNTA: 19%
c) Amphastar launch delayed to 2014; 10% royalty to MNTA: 12%
d) Amphastar launch delayed to 2014; 20% royalty to MNTA: 36%
e) Amphastar launch delayed to 2015; 10% royalty to MNTA: 2%
f) Amphastar launch delayed to 2015; 20% royalty to MNTA: 21%


Q3: Where will MNTA close trading on 4-Nov-2011?

a) Less than $15.00: 35%
b) $15.00-19.99: 57%
c) $20.00 or more: 8%


Q4: Where will MNTA close trading on 4-Nov-2012?

a) Less than $15.00: 2%
b) $15.00-19.99: 6%
c) $20.00-29.99: 48%
d) $30.00 or more: 44%


Thanks to all of the participants for participating.