Plaintiffs' patent infringement claims are expressly limited to analytical testing methods for enoxaparin. See Cmplt.; PIs.' Mem. at Exhs. A, a.2 Those claims relate to testing, not to the manufacture of enoxaparin. Accordingly, a temporary restraining order going beyond enjoining the use of the tests claimed in the Momenta patents is inappropriate in this case.
Your reply:
Well, that would seem to be close to an admission that they do actually use those methods of ensuring manufacturing is creating the product per spec.
I disagree that the topmost quote is an admission that the use of MNTA's technology is a manufacturing quality control test.
Read in its entirety, Amphastar doesn't object to a TRO that limits its ability to use MNTA's tests, so in my mind the question becomes this: "At what point in the manufacturing process are MNTA's patents used/useful?" To check raw materials quality, to check final product quality, or just where?
Iwfal, hadn't read this before I posted. You and I are stating exactly the same thing. Must be an important point (or we are both wrong in the same way {;>]