Bayers v Housey favor's Ampha and they quote it in response to TRO
they say the patent claims relate to testing, not to manufacture of lovenox
that the claim relating to research processes is not infringed by manufacture of product (see below*)
also they claim that the court after the hearing did not make any finding on likelihood of success on merits of case. they say the order was issued as error.
This below case law favors Ampha BEGIN QUOTE Additionally, “the process must be used directly in the manufacture of the product, and not merely as a predicate process to identify the product to be manufactured.” END QUOTE