MNTA question- what if all their patents get the same legal treatment as the Enox patents?
I still believe the courts are seriously mistaken in allowing Amphastar to use MNTA's IP under safe harbor. But I'm not very confident that the decision will get reversed. MNTA's attitude seems to be: we're fine even if we lose this one, and it's just a bonus if we end up winning. But if they lose this one completely, doesn't it put their whole business at risk? Or at least the Copaxone generic? What's to stop Watson from releasing their own generic Copaxone using MNTA's technology.
And if MNTA files patents on their bio-generic work from the Baxter collaboration, won't that get ripped off immediately as well? Presumably for biogenerics, they can start protecting themselves with trade secrets instead of patents. Still, it's hardly an ideal situation.
Is this not a serious problem for MNTA going forward, or am I thinking about it wrong somehow?
I'd also love to hear peoples' latest opinions on MNTA's chance of victory in court. And do they have any serious options for addressing this situation aside from the courts?
Thanks in advance.