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Re: iwfal post# 128324

Friday, 10/14/2011 6:57:13 PM

Friday, October 14, 2011 6:57:13 PM

Post# of 257570
The Judge granted MNTA’s Motion for expedited discovery pertaining to certain sections of Amphastar’s ANDA. The items that Amphastar must produce on or before 10/17/11 include the following sections of Amphastar’s ANDA: i) release testing related to detecting 1,6-anhydro ring structures; ii) release testing related to sequencing of tetrasaccharides; and ii) master batch records. These are precisely the documents that can best determine whether Amphastar is infringing on MNTA’s patent claims at issue (#msg-67941277).

MNTA had also requested other sections of the ANDA as well as Amphastar’s Lovenox launch plans, but it seemed far-fetched that the Judge would allow MNTA to see that (#msg-68011256), and indeed he didn’t.

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