Biotech Values

[biomaven0]

If Teva actually has a product on the verge of approval, that defense goes out the window anyways

I think you are missing my point. For me it is plausible that in their development process Teva used methodology that would infringe MNTA's patent. But because they did that ex-US, I'm not sure MNTA has any recourse. If for their production methodology they do not infringe, then there is at least an argument that the product is not made in a manner that infringes MNTA US patents, and so they can import it legally.

Process/use patents are always weaker than COM patents, and more often than not there are clever ways to circumvent them. I think the Teva language about development occurring outside the US hints at their angle of attack.

The other issue that may come into play here is the statutory exemption from patent infringement for activities leading to the development (but not sale) of a generic drug. This was meant to allow generic companies to start the process of copying a patented drug before its patent expired, but maybe it comes into play here too.

Peter