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Biotech / Medical : Momenta Pharmaceuticals Inc. -- Ignore unavailable to you. Want to Upgrade?


To: Biomaven who wrote (2733)1/27/2011 9:55:18 AM
From: tuck  Respond to 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?<<

Not sure. I wondered if MNTA used any of their proprietary enzymes in the m-enoxaparin process, but haven't found any evidence one way or the other. The specific patents MNTA owns in this area are not the subject of the suit. At least not directly; might be some incorporation by reference, or a reference I am simply not remembering. It seems unlikely Teva could have copied those, anyhow, but if they did, I think they'd be infringing. Teva in its answer is claiming the MNTA patents at issue are invalid. Which may be a standard allegation to make in these proceedings.

Frankly, I am skeptical that the lawsuit has much chance of succeeding at anything other than causing discovery of items Teva would rather keep quiet, relating to the approvability of t-enox.

Cheers, Tuck