Why would MNTA settle if Watson/Ampha launches? That would irrevocably change the economics of their deal and they might be better off seeing the litigation through.
A launch makes a settlement more difficult, but it doe not preclude a settlement. Following a launch, MNTA can seek to retain a portion of its existing economic interests via bilateral settlement terms negotiated directly with NVS. Clearly, such bilateral NVS-MNTA terms must be agreed to before any settlement with Amphastar/WPI can take effect.
expect Watson/Ampha are asking the same question... @ this point in time gamesmanship comes into play.
"Any launch by Watson or Amphastar would be at risk and we continue to pursue our claims in the District Court. We have confidence in the strength of our patents." - MNTA CEO Craig Wheeler