Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

No, you don't "violate" a safe harbor, the safe harbor just fails to apply and give Amphastar a defense. But Momenta still has to show that their patent is valid, that Amphastar infringed it, and that there are no other defenses. This will be a jury trial; in fact Momenta asked to have the equitable defense portion separated and tried before the judge -- that was turned down.