Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

Lovenox....it seems based on reading that District Court/Federal court should reverse their ruling - otherwise the entire profitability of generic companies is in question. Since Momenta will not go after FDA...what are the chances at this point for FDA/DOJ to assist MNTA in winning this battle of safe harbor application for only pre-approval actions. What are the chances for injunction against Amphastar and Teva and getting damages? or Royalty?

It’s conceivable that MNTA could still obtain Lovenox damages from patent infringement by Amphastar, but this possibility is too remote for me to ascribe any value to it. The more pressing concern, IMO, is whether MNTA will have to forfeit its $35M portion of the $100M bond posted by NVS/MNTA when an injunction against Amphastar was obtained in 2011 (until the CAFC lifted the injunction in Jan 2012).