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Re: jbog post# 6657

Wednesday, 10/19/2011 10:46:23 PM

Wednesday, October 19, 2011 10:46:23 PM

Post# of 20689

The case at this point shouldn't deal with the validity of the patents.




Why not? To prevail and get a preliminary injunction, MNTA has to show that it is likely that they will prevail on the merits. If Amphastar can convince the judge that the MNTA patents are invalid for obviousness or otherwise, seems to me that the judge cannot issue a preliminary injunction.