Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

<<So what TEVA is asking the Supreme Court to do is say that the Federal Circuit applied the wrong standard for evaluating the district court. >>


Is it possible for the SC to direct the Federal Circuit to apply a different standard (depending on what the new standard is ) and for the case to then still not be ruled in Teva's favor by the Federal Circuit? It seems to the outsider that the SC has taken this case in order to rule on a contentious point of law and the case itself is not that important to the SC per se. If they do reverse the Federal Court could all the cases that were affected by the Federal Court's position of stare decisis then be viewed as wrongly decided? It seems that Teva can "win" just by causing delay and thereby more firmly establish the thrice weekly dose in the market, even if they lose eventually.

If the Supreme Court decides in Teva's favor and upholds '808, does this still not go against the letter or the spirit of Hatch Waxman such that the earlier generic copax might still go forward, how might the court address that?

Mouton and Dew, I know these are kindergarden questions for you but it does help keep my gastric acid lower if I can understand some of this better, am assuming you have a lot on the line here as I do. TIA bp