As long as the public could make products within (and throughout) the [patent] claim, I don't really see the problem. There is no requirement that the exact same product that is registered need to be made.
I suspect that this is a legal gray area. In the world of small-molecule generics, making an exact copy of a branded drug is generally trivial from an intellectual standpoint, so the question posed by you and Peter has probably not been addressed in a dispositive case.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”