OK, read the ruling. My conclusion is that things could be very different on trial. Cross-examining of experts, and an actual rebuttal by a Sandoz expert could result in a different outcome on this issue. We'll see and worry about it then. Momenta might be able to amend the patent if it became an issue(i.e. they manage to set a precedent by winning the indefiniteness argument during the trial that could apply to their patent)? However, if that fails during trial, Momenta/Sandoz is left with only the obviousness/prior art argument. Probably a pretty good one, and it would be interesting to watch the docket and see if they try for a summary judgement on that issue. I seem to recall zipjet allowing that as a plausible occurrence.
Regards, RockRat
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