Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

Why not an injunction against competitor by the courts pending resolution/settlement? Should this not be MNTA's call if they prevail…

In the first sentence you used the word, pending, while in the second sentence you used the word, prevail. Two different animals.

My post about an injunction being unlikely pertained to a preliminary injunction while the patent trial is pending. Unlike the situation in Oct 2011, when NVS/MNTA argued that a PI was necessary to prevent immediate price erosion in the Lovenox marketplace, now the pricing in the marketplace has already been eroded.

If NVS/MNTA ultimately prevail in the patent trial, then they will presumably request that the Court impose an injunction (a permanent one, not a preliminary one).