Wednesday, October 19, 2011 9:15:12 PM
I'm still going over Mouton's posts tonight. I'm surprised at Amph's response to the 466' patent with the following claim:
Plaintiffs have not responded at all to Defendants arguments and evidence that there is no infringement of the ’466 patent based on a fundamental fact that the FDA never asked Amphastar to perform any release testing for sequencing of tetrasaccharides.
Significantly, Plaintiffs have not responded to Defendants’ point that Plaintiffs have not presented evidence that there is an actual FDA requirement for tetrasaccharide sequencing.
As far as you 2nd comment, irreparable harm should be a given from what we know of the Sandoz contracts.
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