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Re: mcbio post# 129403

Tuesday, 10/25/2011 9:33:49 PM

Tuesday, October 25, 2011 9:33:49 PM

Post# of 253550
I was surprised, too, that it was not the '466 patent, which does mention the 1,6 anhydro ring. Here's a quote from the transcript, from the beginning of the hearing:

Mr. Frank, counsel for Momenta, says "They did produce a limited number of documents on Monday evening. Those documents, in our view, confirm a near certainty that the '886 patent is infringed. They do not confirm to sufficient level that the '466 patent is infringed. therefore, this morning, we intend to go forward with the '886 patent only.
There are disputes between the parties as to what documents should have been produced, whether additional documents should have been produced. That's for another day. I don't want to bog us down in that right now because we are persuaded that the evidence is very clear that there's infringement of the '866 patent."

Later, opposing counsel tries to make much of the fact that, indeed, there is no mention of the phrase "1,6 anhydro ring" in the '886 patent. As Dew points out and you suggest, the '466 patent does contain that phrase.

Regards, RockRat
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