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Legal Settlement
9 Months Ended
Sep. 30, 2011
Legal Settlement [Abstract] 
Legal Settlement
Legal Settlements

WilmerHale Settlement

During the nine months ended September 30, 2011, the Company recorded approximately $18.0 million in legal settlement income in connection with the settlement agreement and release the Company entered into with WilmerHale in February 2011. Pursuant to the settlement agreement, WilmerHale agreed to pay approximately $18.0 million from its professional liability insurance providers to the Company within 60 days after the date of the settlement agreement and delivered such amount in two equal payments in March 2011 and April 2011. The Company did not record any legal settlement income for the three months ended September 30, 2011.

Teva Settlement

On September 30, 2011, the Company entered into a settlement agreement and a license agreement with Teva with respect to the Company's patent infringement suits against Teva, which includes the Company's suit against Pliva Hrvatska d.o.o., et al. Under the settlement agreement, Teva admitted that U.S. Patent No. 7,582,727 ('727 patent) and U.S. Patent No. 7,598,343 ('343 patent), which cover a more consistent and improved Angiomax drug product and the processes by which it is made, are valid and enforceable and that they would be infringed by the manufacture and sale of Teva's generic bivalirudin for injection products.  On October 13, 2011, the district court for the Eastern District of Pennsylvania entered a judgment and order of permanent injunction concluding the Company's patent infringement suits against Teva. Under the settlement agreement, the Company made a one-time payment to Teva in recognition of the savings inuring to the Company in terms of the avoidance of costs and burden associated with prosecuting the patent infringement suits.  The settlement agreement terminates upon the earlier of the expiration of the '727 patent and '343 patent and the termination of the license agreement. The '727 patent and the '343 patent are currently due to expire on July 27, 2028. Under the license agreement, the Company granted Teva a non-exclusive license under the '727 patent and '343 patent to sell a generic bivalirudin for injection product under a Teva ANDA in the United States beginning June 30, 2019, or earlier under certain conditions. Under the license agreement, Teva will be required to pay the Company royalties on gross profits of its sales of its bivalirudin product under certain circumstances. The license agreement also contains a grant by Teva to the Company of an exclusive (except as to Teva) license under Teva's bivalirudin patents and right to enforce Teva's bivalirudin patents, in consideration of which the Company made a one-time payment to Teva. The license to Teva will remain in effect until the expiration of all of the Company's patents covering Angiomax except for the '404 patent.  The Company and Teva may terminate the license agreement in the event of a material breach by the other party, unless the material breach is cured within 60 days of a written notice. The Company may terminate the license agreement, effectively immediately, for certain breaches of the license agreement. On October 13, 2011, the Company and Teva submitted the settlement agreement and license agreement to the U.S. Federal Trade Commission and the U.S. Department of Justice. The Company's patent infringement suits with Teva are described in more detail in Part II, Item 1 of this quarterly report.