When I capitalize the "IF" statement I am stressing the contingent nature of the proposition.
I certainly retain my doubts that TEVA CAN duplicate L without violating MNTA IP. But it would be presumptuous to state affirmatively that TEVA can or cannot do it. I do not know.
The best we can do is draw an inference of infringement from the willingness of MNTA/Sandoz and their lawyers filing the suit.
I do NOT think the suit would have been filed without a belief that TEVA infringed. Whether that belief is true or false, provable or not provable is what the litigation will decide.
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There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)
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