Quote: -------------------------------------------------------------------------------- This is not established. Momenta chose not to argue that patent because the limited discovery did not give them enough information to argue it conclusively. With the full discovery that will attend the trial, the '466 patent might very well be in play.
There was a lot of discussion when the action was filed about why "only" two petnets were identified, and the comments were that maybe more would be pursued after discovery. And then after discovery one of the two was not pursued.
Won't it be just as possible (and maybe more probable) that more discovery would show that there was NO infrigement on the remaining patent than that other patents were infringed?
I guess I just look at the worst of most cases, especially when I have much riding on the outcome. And until yesterday, I tended to be right - DARN IT.