But if they are using a process that they never got a patent on and that violates MNTA's patented process, I assume timing wouldn't be an issue.
I disagree. If they have a documented process that predates the MNTA invention then they will win the case.
If they are using tech that infringes, this could be the first bright line. The evidence will be clear, did they change the process (and that includes proof of sameness) after the MNTA invention?
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