"Whether Teva/Yeda’s “discovery” of lower toxicity from a narrower range of molecular weights is or isn’t obvious may become moot in the context of the overall patent litigation if NVS/MNTA establish that their production process does not depend on a predetermined range of molecular weights"
That still is NOT case for obviousness. There is no case for Obviousness as far as I am concerned. There is a case for non-infringement which you explained. There is case for inequitable conduct. There is prolly a case for indefiniteness.
"it is not necessary for NVS/MNTA to prevail on all four arguments against each patent; rather, it is merely necessary to prevail on one of the four arguments against each patent. "
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