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Re: pollyvonwog post# 127148

Thursday, 09/22/2011 4:30:22 PM

Thursday, September 22, 2011 4:30:22 PM

Post# of 257253

I assume that Amphastar knows they are infringing if they are, which brings up the question why would they spend the time/money to get their application approvable if they were just going to have to face the prospect of litigation?

In addition to what iwfal said in #msg-67343915, bear in mind that the two patents that MNTA alleges are infringed were not issued by the USPTO until Aug 2009 and Sep 2010, respectively; until then, Amphastar could not have known that it was infringing on another company’s issued patents.

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