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IgnoranceIsBliss

09/21/11 9:34 PM

#127067 RE: DewDiligence #127064

what makes the MNTA-Amphastar case unusual is that one generic-drug company is suing another.

OK, here comes another naive question... how can there be a patent enfringement in a generics case? What can a company do to infringe on patents when patent protection on the original drug has expired?
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IgnoranceIsBliss

09/21/11 9:41 PM

#127068 RE: DewDiligence #127064

DewDiligence, I quickly scanned the complaint...

...unless I'm missing something, the claim is that Watson must have infringed the patent simply because they were able to solve the manufacturing dilemma that MNTA solved (and patented).

It's a logical claim, rather than one based on a smoking gun (having documents that show the use of the patented process, testimony, emails, etc).

Is that right, or am I missing something?

Thanks,
TGW