Can or should MNTA sue MYL to figure out their mfg process?
I presume you’re asking if MNTA can collect damages from MYL for infringing MNTA’s ‘187 patent that pertains to Copaxone manufacturing. I think the answer is no, based on the assumption that MYL is manufacturing generic Copaxone outside the US and importing it for sale.
In the Lovenox patent case where MNTA sued Amphastar and TEVA in US District Court, TEVA was able to get a summary dismissal by simply showing that TEVA’s Lovenox was produced in Italy and therefore not subject to a US manufacturing patent.
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