Biotech Values

[dewophile]

in the complaint mnta/sandoz ask the court to recognize that teva has/is/or will (i.e has not yet but has intent to infringe) the patents. they also tacitly acknowledge that teva may not have product ready for sale in the US by asking the court to block the import of the product.

That the Court determine that Teva has infringed, is infringing, or willinfringe, one or more claims of United States Patent No. 7,575,886;
(b) That the Court determine that Teva has infringed, is infringing, or will infringe, one or more claims of United States Patent No. 7,790,466;
(c) That the Court enter a preliminary injunction restraining Teva, its officers, agents, attorneys, servants, employees, and all persons in active concert or participation with them, from selling, offering to sell, or importing into the United States an enoxaparin product made using a method that infringes
one or more claims of either United States Patent No. 7,575,886 or U.S.
Patent No. 7,790,466;...

based on your post it does not sound like there is legal basis for asking the court to block imports of the product on the basis that teva has intent to infringe, but nevertheless the mnta lawyers have asked the court to do just this