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Biotech / Medical : Momenta Pharmaceuticals Inc.
MNTA 52.480.0%Oct 2 5:00 PM EST

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To: tuck who wrote (2732)1/26/2011 12:45:27 PM
From: Biomaven  Read Replies (1) of 3027
 
Let's assume that Teva infringed MNTA IP when determining the appropriate temperatures, PH, timing, etc. But what if in the production process all they do is simply measure those factors? Are they still infringing?

It's certainly the case that Sanofi doesn't infringe in their production process, so it seems to that it is possible to manufacture the drug without infringing.

Note there is also the statutory exemption from patent infringement for pharmaceutical R&D potentially in play here:

buildingipvalue.com

Peter
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