Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Amphastar litigation -- On Friday, Judge Gorton filed a memorandum and order denying summary judgment motions by Momenta and Amphastar. Here's a link to an upload of the order.

https://www.dropbox.com/s/myt5h9oj0fjgzt5/Summary%20Judgment%20motions%20denied%202017-1.pdf?dl=0

The memo is a good refresher on the long and tortuous history of this litigation.

Amphastar sought summary judgment on the grounds of invalidity and non-infringement, whereas Momenta sought summary judgment dismissing Amphastar's equitable defenses (as well as a separate trial) relating to Momenta's behavior surrounding the circumstances under which Momenta's patented test came to be listed in the United States Pharmacopeia (“USP"), e.g., Momenta and it's employee Dr. Shriver failed to disclose Momenta's pending patent application for the test.

I have to say that reading the description of the equitable defense, Momenta's behavior seems a bit dicey.