Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

Dew, here is what I based my previous comments on from the District Court proceedings:

<<at 159:24 160:18.) Momenta stopped working on an alternative process in 2007, and decided to go forward with filing its ANDA, using Teva's patented process. (PTX 960 (Iyer Dep.) at 37:7-10, 41:6-13, 113:16-19, 127:24 128:3, 130:7-17, 138:5 13; PTX 957
(Brugger Dep.) at 78:16-79:23.) A May 2007 internal Momenta presentation explained
Momenta's reasoning for abandoning the development of an alternative, non-infringing process. Momenta decided to file its ANDA using Teva's patented process because it "[e]nable[d] a first to-file approach" and "[m]itigate[d] risk regarding chemical equivalence." (PTX 172 at MMT01287394.) In other words, as Dr. Iyer explained, Momenta decided to copy Teva's patented process for making copolyrner-1 instead of developing its own process because it provided the quickest route to a regulatory filing. (PTX 960>> Sorry this didn't copy completely but its around page 120 of the reference provided by mouton. My supposition was that since a work around would take to long or could not be done the value of Momenta to Sandoz may have diminished and so we did not see the marriage consummated the way we might have liked re other products. Let me know what you think bp