Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

You should not conclude that the ‘808 patent is unenforceable just because it’s a process patent and is not in the Orange Book.

The pleading you posted by Teva is an attempt to preempt—on strictly procedural grounds—NVS/MNTA’s argument that an injunction isn’t necessary because economic damages can be assessed at the end of the litigation (the “no irreparable harm” argument).

p.s. The phrase limited injunctive relief in this context refers to in the automatic 30-month stay on FDA approval when a patent in the Orange Book is challenged, as far as I can tell.