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DewDiligence

01/26/11 6:03 PM

#113378 RE: orangeone #113371

As long as the public could make products within (and throughout) the [patent] claim, I don't really see the problem. There is no requirement that the exact same product that is registered need to be made.

I suspect that this is a legal gray area. In the world of small-molecule generics, making an exact copy of a branded drug is generally trivial from an intellectual standpoint, so the question posed by you and Peter has probably not been addressed in a dispositive case.