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Re: genisi post# 125958

Wednesday, 08/31/2011 8:38:06 AM

Wednesday, August 31, 2011 8:38:06 AM

Post# of 253509

My thoughts were that by stating that mC would not be infringing because it "does not meet the asserted claims since it does not meet the molar ratio limitations (6:2:5:1) claimed in the patents", they actually say that mC is not identical to Teva's drug but still is "similar enough" in a manner that should satisfy the FDA. They must have some very strong methods of proving similarity.



Right.

Satisfying FDA-sameness is one thing. That sameness is to the approved drug.

The constraints of the a blocking patent are conceptually another thing - perhaps a different thing physically. The answer to that is something the court may opine.

ij

It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes

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