Replies to post #125889 on Biotech Values

[iwfal]

Even if this patent doesn’t enable NVS/MNTA to prevail in the patent case, it ought to preclude an award of treble damages, IMO.

Why? A quick read of the patent indicates it tells of a way to predict success for the next step of the process - which would then be enforceable against Teva if they don't already have some system for predicting the success of the next step. (Assuming that they even do - they could just manufacture and throw it out at the end.) But regardless I don't understand why it would allow Momenta to claim that they weren't willfully infringing Teva's patents.