If Momenta/Sandoz can prove it's already in the country for commercial use (i.e. not just a bit sitting in an FDA lab) -- even if not approved and thus not yet ready to be offered for sale -- that's all they need under statute. Given that small things can be moved pretty quickly, who knows where the stockpile actually is? Though Teva says t-enox is made and tested ex-US that does not mean it is STILL ex-US. If Teva really believes approval is imminent and they want to hit the ground running, they would have the stockpile in the US. I somewhat doubt this; Teva may well have seen this tactic coming. And . . .
Has Teva said anything like Sandoz did about a year ago, that they were taking orders from customers? Nope.
Regards, RockRat