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Post by silentknight on Jan 5, 2016 20:27:52 GMT -5
What do you sue Sanofi for? Breach of contract? Good luck in proving that. But let's say Mannkind does. How much money, time and effort will it take? Mannkind doesn't have a lot of resources or money for that. Sanofi can drag this out as long as they need to until Mannkind declares bankruptcy. Many of you are so emotional over the news today that you no longer are thinking rationally. Really?, just the talk of a lawsuit will damage SNY with other companies they may want to partner with. SNY has taken a bit hit in credibility IMO. I would think there are law firms out there that would do a little pro-bono work and that SNY would payoff just to shut them up and keep out of the spotlight. IMO - Glad your not so emotional - perhaps because you weren't that invested in the first place. If MNKD decides to pursue ligitation, they have an excellent case, just as strong as Genzyme does against SNY if not stronger. Let me explain a few reasons why. (i) Take a look at Sanofi's partnership with Regeneron for the drug Praluent. It's a cholesterol fighting drug that Sanofi signed for. FDA approval to preferred coverage with insurance coverage took four (4) months. It costs in excess of $14,000 per year. Now compare what they did for Afrezza. Poor doctor education, worsening formulary coverage, little to no advertising expenditures...... Comparing the two makes it clear they neglected Afrezza. Compare the commercially reasonable efforts of the two, and throw in poor doctor education, no efforts to improve insurance coverage and a few patient testimonials about how they had to do all the work to get the drug on their own, and you paint a stark picture of Sanofi's failure contractually. (ii) The U.S. legal system and especially jury trials, love to stick to the big business when they can. Juries typically result in LARGE punitive damages for companies they find liable. You make the case that a large FOREIGN company like Sanofi swoops in and does a small AMERICAN biopharma dirty and Sanofi could be looking at hundreds of millions in damages. Appeal to a juror's emotions and more often than not, they'll vote guilty for no other reason other than sympathy for the plaintiff if you make a decent case. Sanofi would likely settle out of court and I expect that to occur with Genzyme as well. They did MNKD dirty. It's plain to see and a jury would too. After all, the burden of proof is much lower in a civil trial as opposed to a criminal one. |
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Post by nylefty on Jan 5, 2016 20:41:32 GMT -5
What do you sue Sanofi for? Breach of contract? Good luck in proving that. But let's say Mannkind does. How much money, time and effort will it take? Mannkind doesn't have a lot of resources or money for that. Sanofi can drag this out as long as they need to until Mannkind declares bankruptcy. Many of you are so emotional over the news today that you no longer are thinking rationally. Really?, just the talk of a lawsuit will damage SNY with other companies they may want to partner with. SNY has taken a bit hit in credibility IMO. I would think there are law firms out there that would do a little pro-bono work and that SNY would payoff just to shut them up and keep out of the spotlight. IMO - Glad your not so emotional - perhaps because you weren't that invested in the first place. I seriously doubt that any law firm would do pro-bono work in this situation, but I could see one smelling settlement money and therefore taking on the job on a contingency basis. |
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