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pollyvonwog

02/09/12 10:31 AM

#136753 RE: iwfal #136752

Thanks for response... makes sense

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).



The launch was Amphastar's decision. WPI had little to no input on it....
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zipjet

02/09/12 10:36 AM

#136755 RE: iwfal #136752

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



DD and iwfal think the court will upon a MNTA win issue a permanent injunction.

That might happen.

But given the CoA staying the injunction, we have to recognize the possibility that the courts will NOT invoke the injunctive remedy. They could simply impose a court-set royalty for future use of the patent. I would give this a high probability - call it 80%.

ij