Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

The Solicitor Generals amicus brief seemed to be predictive of the ultimate SC decision. This brief also noted the likelihood of a Federal Circuit ruling in favor of MNTA/Sandoz even with the application of clear error standard. It also noted that the time element of the upcoming expiration of the Sept patent might make the ruling even if favorable to MNTA/Sandoz moot. Clearly the request for expedited implementation of the SC ruling (so far declined by the SC) is important. With impending FDA approval any day, a poll (perhaps via Dew) might be interesting to see if MNTA/Sandoz might release at risk. My vote is yes based on the Solicitor General's brief. A few questions for mouton, when the Federal Circuit reviews this case (finally), will they hear any additional arguments or just rule or re rule on the basis of already filed briefs. Might they seek additional expert opinion even at this point? What kind of timeline would you give it? Would the Federal Circuit expedite the case to try to address any sense of fairness since a decision has dragged on so long? Thanks and regards, bp