Amphastar's Position seems to be that: Patent Law does allow for a person to recreate an experiment (or build a device) for his own edification or enjoyment. And since they are not selling something made directly from that technique, they are off the hook. Patent law goes beyond that stating: "But if the products of the experiment are sold, or used for the convenience of the experimentor, or if the experiments are conducted with a view to the adaptation of the invention to the experimentor's business, the acts of making or of use are violations of the rights of the inventor and infringements of his patent. In reference to such employments of a patented invention the law is diligent to protect the patentee, and even experimental uses will be sometimes enjoined though no injury may have resulted admitting of positive redress."
There have been some "safe harbor" provisions that have been upheld which allow for the use of patented devices or techniques. These provisions allowed for the use of patented information or techniques to be used to produce a drug (for ANDA approval) before the patent expired. However these drugs were not sold until the patent expired! So Amphastar is welcome to sell all their A-enox when MNTA's patent expires IMHO.
Check out iHub they have links to all the documents.