It is too late for the injunction against Apotex to stop selling generic to have much effect. The damage has already been done over the past 10 days. The supply channel is already flooded with more than 6 months of generic, sufficient reserves to last until there is a decision in the patent infringement case. There will be no recall. If BMS wins the patent infringement they walk away severely crippled with the price of branded Plavix significantly lower, if BMS doesn't win it will get real ugly...real fast, either way PD is headed back to the cereal business (all IMHO).
<That's the real point. Whether it is a $250, $400, or above windfall, it is a big win>
Very true. Ship the product, then use the time the legal system takes to reap the profit. BMY should have hired a couple F-16's to take out Apotex's warehouse. Then the waiting would have been on an even footing.
Maybe. It remains to be seen what the court determines the punitive damages to be. Remember this about authority in general, and court authority in particular, it never likes to be second guessed, told on how it will rule, and worst of all to have its authority marginalized. If the court is of the opinion that Apotex has taken a pretty much "in your face" attitude with their launch, then as I said before they are in a world of hurt.
time will tell,