Replies to post #125958 on Biotech Values

[zipjet]

My thoughts were that by stating that mC would not be infringing because it "does not meet the asserted claims since it does not meet the molar ratio limitations (6:2:5:1) claimed in the patents", they actually say that mC is not identical to Teva's drug but still is "similar enough" in a manner that should satisfy the FDA. They must have some very strong methods of proving similarity.

Right.

Satisfying FDA-sameness is one thing. That sameness is to the approved drug.

The constraints of the a blocking patent are conceptually another thing - perhaps a different thing physically. The answer to that is something the court may opine.

ij