Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Re: Federal circuit decision in Momenta-Amphastar Hatch-Waxman safe harbor litigation.

Amphastar filed a brief requesting a rehearing. I just glanced at it, will read it more careful soon. But on a five minute review, it seems to be a rehash of old arguments. Here is a link to the brief.

https://www.dropbox.com/s/g9flccxms03spjv/Amphastar%20hearing%20petition.pdf?dl=0

In theory, Momenta also had the right to petition for a rehearing, they might've done that with respect to the Teva part of the decision (TEVA prevailed on the independent ground that they manufacture outside the US and arguably the statute language requires that the infringed patent be used to "make" the product -- at least that's my recollection of the Court's holding). But Momenta did not file a petition.