MNTA: The key issue seems to have been Sanofi launch of the authorized generic, which, evidently, have been suspended in response to the injunction.
This also plays into the question of damages based on the Sani AG launch. It is now clear (at this moment in time) that the launch was a direct result of the Amphastar launch, and this is easy established.
If the court rules that Amphastar has already infringed, then a very substantial damage claim is very much in play.
Assuming the MNTA patents holds up and Amphastar has not dodged it, did Amphastar already infringe? My understanding is yes, because they were using the invention to manufacture at the time for commercial intent, regardless of the sales actually happening.
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