Biotech Values

[iwfal]

I believe he is referring to possible usage of MNTA patented measures to discover the contents of something, not to produce it

Lets step through the (very opaque) language that has been cited here:

In an action for infringement of a process patent, no remedy may be granted for infringement on account of the noncommercial use or retail sale of a product

Well, this would seem to apply - discovery is 'non-commercial'. But there is a following clarifier


unless there is no adequate remedy under this title for infringement on account of the importation or other use, offer to sell, or sale of that product.

So, if they used something non-commercially AND aren't yet selling it there is still the possibility of remedy.

But all of this is academic since the complaint says:

manufacturing generic enoxaparin for commercial sale using the methods claimed in the '886 patent and offering those products for sale in the United States.

Teva has infringed, and continues to infringe, or has induced others to infringe, the '466 patent, either literally or under the doctrine of equivalents, by, inter alia, manufacturing
generic enoxaparin for commercial sale using the methods claimed in the '466 patent and offering those products for sale in the United States.