Right Pawn, They made an "at risk" move and the damages they face for intentionally violating a patent could kill the company. The pills don't have to be recalled, their value will just be used to calculate the damages.
The damages will be 50% of the sales. Sales are already estimated to be over $1 billion. That would mean that if they lose apotex will have made almost $500 million profit. How will that "kill the company"?
You're right on. This is not a loss for Apo, it is a $400bb+ wind fall. Dr. Barry cannot lose. Dolan gave the BMS treasury away when he signed off on the 50% damages and the 5 day delay. As soon as he did that Apo was golden.