It just makes the same error - thinking that the law has utility without understanding the facts to which it applies.
Yes - it is a memo of law. But the point is to apply the law to the facts. Some of those facts are undisputed like the claims of the patent. Others such as the process which Amphastar is employing are disputed. And all of them are subject to characterization by the parties.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes