Even if that were true -- and it's not -- they both asserted other defenses, such as, the patents are invalid. Admittedly, the oral argument is confusing, but you have to understand that this is a summary judgment motion where Teva and Amphastar are asking the court to decide in their favor even assuming all of the factual allegations in the Momenta complaint are true. So they generally don't waste time disputing those allegations.
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