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Re: iwfal post# 128035

Sunday, 10/09/2011 8:24:25 AM

Sunday, October 09, 2011 8:24:25 AM

Post# of 252255
The full quote:

Plaintiffs' patent infringement claims are expressly limited to analytical testing methods for enoxaparin. See Cmplt.; PIs.' Mem. at Exhs. A, a.2 Those claims relate to testing, not to the manufacture of enoxaparin. Accordingly, a temporary restraining order going beyond enjoining the use of the tests claimed in the Momenta patents is inappropriate in this case.



Your reply:

Well, that would seem to be close to an admission that they do actually use those methods of ensuring manufacturing is creating the product per spec.



I disagree that the topmost quote is an admission that the use of MNTA's technology is a manufacturing quality control test.

Read in its entirety, Amphastar doesn't object to a TRO that limits its ability to use MNTA's tests, so in my mind the question becomes this: "At what point in the manufacturing process are MNTA's patents used/useful?" To check raw materials quality, to check final product quality, or just where?

Thank you.

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