I recall somewhere Charles Wheeler stating that MNTA begin restricting the extent of its patent disclosures as soon as the CAFC decision came down, and I've no doubt others did as well, thus defeating the purpose of Hatch Waxman's safe harbor. However a decrease in disclosures is an example of negative causation, which is difficult to demonstrate. Thus, Amphastar's argument may be as empty as it is difficult to disprove.
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