What if NVS/MNTA Copaxone is non-infringing, but MYL/Natco’s Copaxone does infringe? Wouldn’t that complicate the Court’s dealings with respect to the non-infringement argument?
Maybe a little.
But the court will have no difficulty distinguishing cases in the decision if it finds no infringement by MNTA and infringement by MYL. All it takes is separate finding of fact and a section in the conclusions of law to support the decision.