Replies to post #136774 on Biotech Values

[zipjet]

What I really don't agree with is this whole legal argument is that anyone would be liable for Momenta's terrible Novartis contract.

Amphastar and WPI (AW) are acting in concert. IF the court finds infringement by the threat to launch or by launching aL THEN both Amphastar and WPI will be liable.

Those statements do not address the "terrible Novartis contract". The way I see it, MNTA and NVS should be treated as a single person for purposes of determining the amount of damage (D) that was done by the infringement. Once D is determined it will be up to MNTA and NVS to split the amount between them according to the contract they made.

Many people here use the premise that if Amphastar sold ONE VIAL that they would owe Momenta $4 Billion Dollars.

That raises an interesting point. Is damage to be measured by the results/benefits obtained by AW? (IF SO, and they only sold one vial the damage would be de minimus.) Or, is the damage to be measured by the injury done collectively to MNTA and NVS? Damages for patent infringement is more like the damage measures in tort than contract. Thus, the damages are a function of the injury caused regardless of the benefits obtained by the wrongdoer. In the case of aL, significant monetary damage took place when the assertions of WPI caused an AG launch.

I am not a patent lawyer, and if one of them can correct me, have at it.

ij