It's not like NVS/MNTA can tell the FDA "Our drug is made using the same process that Teva uses - this we know for sure, because we stole their trade secrets."
If the process is indeed (to at least some extent) a trade secret, then I don't see how MNTA can establish that their process is identical to the Teva process, and you are back to showing the drugs are the "same."
But if you patent something, then you have to show how to enable the patent, so I remain unclear of the exact role of the trade secrets here. Clearly the process is not fully disclosed in the patent, otherwise others without MNTA's technology could also copy it easily.
Peter
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