And this t-enox stockpile that Rick Shea refers to . . . does he have any idea when it was made? If made before the date of issuance of the patents, would it not also be exempt from prosecution? Answer to my own question here is that it is the date of sale, not manufacture, that matters, per 35 U.S.C. 271(g). So no, the stockpile is not grandfathered.
Any characterization work ItalFarmco/Teva has done prior the issuance of MNTA's patents, whether an intentional violation of MNTA's patented processes or not, and of which falls under these two patents would prevent Teva from legally selling T-Lovenox in the U.S. upon approval prior to license from MNTA. Agreed?