Momenta Pharmaceuticals, Inc. (MNTA)

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CAFC Vacates District Court’s Previous Summary Judgment Decision Regarding Interpretation of the “Safe Harbor” Provision


CAMBRIDGE, Mass., Nov. 10, 2015 (GLOBE NEWSWIRE) -- Momenta Pharmaceuticals, Inc. (NASDAQ:MNTA) today announced that the United States Court of Appeals for the Federal Circuit (CAFC) has vacated the Massachusetts district court’s summary judgment in favor of Amphastar to the extent it was based on the scope of the “safe harbor” under 271(e)(1). In reaching this decision, the CAFC found that Amphastar’s alleged use of the Company’s patent is not eligible for the 35 USC §271(e)(1) safe harbor. The CAFC remanded this portion of the case to the Massachusetts district court for further proceedings.

The CAFC separately affirmed the Massachusetts district court’s summary judgment to the extent it relates to infringement by Amphastar, Actavis and Teva under 35 USC § 271(g).

“We are pleased with the CAFC’s decision to remand our case against Amphastar back to the District Court allowing us to continue to pursue our enoxaparin patent infringement litigation,” said Craig Wheeler, President and Chief Executive Officer of Momenta.

http://ir.momentapharma.com/releasedetail.cfm?ReleaseID=941961