Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

I know we have been over TEVA re filing re '808 patent and the recent denial by the USPO for re issue. In the Sandoz argument to SCOTUS, filed before the patent office ruling occurred, the following statement was made in the Sandoz legal brief regarding TEVA's (then pending) request to the USPO <<Reissue of patents to correct an error requires an oath by the applicant admitting the ex- istence of the error to be corrected. >> So, in essence hasn't TEVA admitted the '808 patent has an "error"? Clearly TEVA's strategy was to if not win, at least delay. They have failed in the latter. Regarding the former, even if SCOTUS remands to the circuit court and requires a different standard to be (re)applied in review of the '808 patent, hasn't TEVA is essence admitted the '808 has a hole in it? bp