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iwfal

10/09/11 8:53 AM

#128041 RE: HattieTheWitch #128038

I disagree that the topmost quote is an admission that the use of MNTA's technology is a manufacturing quality control test



Agree I misread quote originally.


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?



Probably easy enough to figure out - mouton's filings data includes the particular claims being asserted and most (but not all) of the claims in those patents appear to be step specific. Will have to get to it later.

PS Reminder that I would expect after discovery (and separately after launch - if it gets to that point) Momenta will assert additional claims and/or patents. Not clear however that they will get enough data in expedited discovery to figure out what other claims were infringed.