Biotech Values

[zipjet]

MNTA

Question: IF TEVA in order to create, or prove, or manufacture, or convince FDA, of the "sameness" of tL infringed MNTA's patented processes literally or under the doctrine of equivalents and after so establishing "sameness" and refined manufacturing processes that can reliably reproduce a "same" L without further use of said patents, can TEVA sell tL in the US without infringing the patents?

Answer: No.*

Of course, I am not a patent lawyer and do not even know the law in this area. But my sense of justice is that if a foreign corporation can use patent disclosures to engage in actions that if done in the US would have violated the patent, and having used them abroad, take the learnings and use them directly to compete in the US which otherwise would have been prevented this eviscerates the patent.

ij

* I suspect the reason no one has even tried to answer this question is that none of us know. I would also guess that once the question is properly defined (my poor attempt is NOT that) there is NO answer to the question in the law. (I am not suggesting there is nothing that speaks to the issue or even speaks strongly to it.)