Replies to post #136750 on Biotech Values

[DewDiligence]

…if MNTA/NVS end up winning, is Ampha then required to pull their drug in addition to payments?

Yes, if the Court imposes a permanent injunction, which the Court will likely do if they rule in favor of NVS/MNTA.

[iwfal]

MNTA

if MNTA/NVS end up winning, is Ampha then required to pull their drug in addition to payments?

Absolutely. However the damage would already be done - and even a regurgitation of ALL or their gL profits wouldn't come close to paying the damages incurred by MNTA/NVS. But even if they disappear from the market the price of Lovenox isn't going to pop back to what it was 4 months ago. And it is unlikely the authorized generic is withdrawn. Thus I think it is a dead certainty that in this situation they end up having to pay a huge bolus of extra cash even with no treble damages. Say $500M plus 20% of all of WPI's revenue stream from non-Lovenox drugs. And at treble damages essentially WPI becomes a subsidiary of MNTA/NVS. It was a dumb thing for WPI to do unless they have an ace up their sleeve (i.e. found a smoking gun that invalidates MNTA's patents).