If they don’t intend to see this through to an eventual launch, WPI will presumably try to get something back from Amphastar rather than walking away from the program and “leaving the keys at the bank.” Even if all they got back was a nominal amount, it would avert the loss of face from abandoning the program in return for nothing.
Well I hope they do not give up the litigation. It is good practice for the MNTA attorneys to learn how to do discovery and craft the arguments against generic Lovenox. They may need those skills when the TEVA battle heats up or another generic gets approved by FDA.
BTW - has anyone done a calculation to see what royalty terms would be necessary to completely compensate MNTA for a generic launch?
If they don’t intend to see this through to an eventual launch, WPI will presumably try to get something back from Amphastar rather than walking away from the program and “leaving the keys at the bank.” Even if all they got back was a nominal amount, it would avert the loss of face from abandoning the program in return for nothing.
Do we know the contract would not have a "no launch" penalty that WPI would have to pay?
Seams like DEPO has been living off these for years.