>>From below, it appears the mere manufacture (makes) will cover the complaint.
Quote:35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
I don't think you're parsing that sentence correctly. The date of manufacture would matter only if the product is made in the States. Since this one is not, it is the date of sale (or maybe importation) that would govern. This makes sense, since they would not be infringing a US patent if they made and sold it abroad. Incidentally, I think Momenta might have filed EU patents of the same sort. But I'm saying that from memory, I'd have to go back and look. As has been discussed, the EU is a dicier market, for both Teva and Momenta.
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