Biotech Values

[exwannabe]

I personally think that reading of the statute goes beyond the intent of the law, but it is still an argument that MNTA will have to deal with.

Yes and no.

If Amphastar is infringing in the ongoing process then the clause would not apply.

It is interesting to note that A used the phrase (paraphrasing) "if we are infringing ...". They might be trying to claim with that something far beyond the written statute.

If A only infringed in the ANDA then I agree the case is far more difficult. Though I agree the intent was that the orriginal drug can be used to prep the ANDA, this is a much harder path.