Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

<<Is it reasonably safe to assume that Teva is or is not infringing to the same extent as Amphastar?>>

I believe TEVA only started selling in February.

The the last oral argument before the Federal Circuit, TEVA made an argument not available to Amphastar, it argued that its liability under 271(g) depends on whether the their product was "made by a process patented in the United States..." If the patent is regarded merely as a method of analyzing the product, it may not fit. 271(g) is relevant because TEVA evidently manufactures outside the US. The statutory language is:

271(g) Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale, or use of the product occurs during the term of such process patent...

I'm suspect this is discussed in detail in the briefs, but I'm not sure it is worth checking.