Does anyone know if Momenta can recover damages or the costs of defending their patents ?
If you know how the lawyers sneaky maneuvers you make that post in 10 years. With the lawyers charging 500 per hour for JR lawyers in litigation nobody wins.
If this ever goes to trial, and Momenta prevails, their trial costs will in all likelihood be paid by the defendant. There has been no trial.Did Amphastar ever actually sell anything? If not, there are no damages to collect.
Not completely clear that there are no damages.Did they infringe by manufacturing the product for a commercial purpose even if they had not sold it? I would assume the answer to that is yes.Did MNTA get damaged as a result? Yes.Damage is not limited to direct loss of market sales, it is any form of damage the results from the infringement. And it can be an indirect chain, such as the AG launch resetting the contract.