Momenta Pharmaceuticals, Inc. (MNTA)

[alternatepatel]

The Process Patent 9155775

Some things worth noting from Momenta's court filing :

47. The ‘775 patent on its face identifies a filing date of January 28, 2015.

48. Momenta developed the process used to prepare its glatiramer acetate 20 and 40 mg/mL sterile formulations (“GA20” and “GA40”, respectively) at least as of 2012.

49. The Sandoz ANDA filtration process was established for exhibit and commercial scale batches and presented for pre-marketing regulatory review at least by December, 2012, which is more than one year before January 28, 2015 filing date of the ‘775 patent. The filtration process itself was first used in batches actually commercially sold in the United States.

50. ......If such Teva infringement allegations were to be accepted as true, then the prior process is eligible for the prior use defense.

So it doesn't look like a real threat for MNTA.

I have a gut feel that MNTA will sue MYL/Natco once they analyze the MYL commercial lots based on MNTA's own patent 7884187.