Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

If CAFC sides with the SG on the Safe Harbor question (which they presumably will—else they wouldn’t have asked), then the Lovenox patent case can finally be tried on its merits. I expect CAFC to remand the case to the District Court, where a trial date can be scheduled.

In imposing the preliminary injunction against Amphastar in Oct 2011, the District Court determined that NVS/MNTA had a good chance to win the patent case on the merits. However, I do not expect the District Court to impose an injunction while the trial is pending insofar as the circumstances in the US Lovenox marketplace have changed drastically since Oct 2011.