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Biotech / Medical : Momenta Pharmaceuticals Inc.
MNTA 52.480.0%Oct 2 5:00 PM EST
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To: idos who wrote (2871)10/25/2011 12:11:56 PM
From: tuck  Read Replies (1) of 3027
 
I'm not sure about reduced damages, but I don't see the reduced irreparable harm. Had an AG launched before aL approval, sure. But it did not; it was clearly triggered by the approval of aL, and said approval was achieved by defendant's alleged infringing behavior. One could argue that Sanofi had other reasons, and thus one would have to subpoena third parties (i.e. Sanofi execs), but the timing really weakens that argument, cannot be lost on the judge. The other argument is simply that it's an event beyond Amphastar's control, but this is like making a cobra angry and throwing it in someone's occupied bed and claiming you had nothing to do with it biting the occupant.

Regards, RockRat
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