I disagree with the architecture of your analysis here.
I think the 2 CoM patents need to be separated from the rest.
For the process patents, your non-infringement point seams valid, but even stronger. I would guess all of these fall with high odds. Though I thought so before, so not a big difference.
The CoM patents do not change. These would only be non-infringing if the MW of mC was higher than the patent, but does that pass the FDA? But these do have a higher odds of being tossed for indefiniteness or ruled unenforcible for inequitable conduct.
My main point is the analysis really needs to be broken out by the 2 sets of patents.
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