Re MNTA-Amphastar/Watson (A/W) damages. As for the overall, lasting impact of A/W's infringement, if any, I think the court would probably rely on expert testimony from an economist of the drug market. I don't fully understand how the damages, if any, will be worked out between MNTA and NVS, and jointly vis a vis A/W. Possibly I misspoke, but it's doubtful that much precedent exists for how to compensate one co-plaintiff whose income has been radically shifted to the other co-plaintiff by the defendant's infringement. Certainly though, as MNTA has been damaged much more than NVS, if I were them, I'd take the position that A/W owes me for every penny that I've lost to NVS despite the fact that NVS is my co-plaintiff.
I believe this was discussed a bit on the MNTA forum about six months ago, with little in the way of a conclusion. Any further ideas would be welcome.
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