Biotech Values

[ThomasS]

TEVA/MNTA: On the flipside:

>>At the moment, I would expect TEVA to file a motion to dismiss (1) for failure of the complaint and its exhibits to state a jurisdictional case or controversy, and (2) for asking the District Court for an advisory opinion. <<
now holds more water. 35 U.S.C. 271(a) and (g) cannot apply until product made by a process that is patented in the U.S. actually enters the U.S.

...If Teva prevailed on that argument, wouldn't it suggest that Teva is even further from FDA approval since no product (of the infringed, approvable variety) had yet reached FDA hands? Obviously, it takes quite awhile for approval after the FDA has it.

Win-win for MNTA.