With respect to the chain-mapping patent, I don't know how protective it might be from Teva's method, whatever that might be. Proof should not be so hard, as the FDA has this information. Granted, it's confidential, so MNTA presumably would have to have some plausible basis from another source to get the ball rolling on that, yes? So maybe it's hard in that sense. But couldn't they subpoena the info from the FDA, and have the judge look at it under seal, or something like that?
Because development activity for an FDA-approved drug is exempt from US patent infringement, MNTA can’t sue Teva for infringement of the patent in question unless Teva’s Lovenox is approved and launched. This is a problem Teva would be happy to have.
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