Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Re: Momenta v. Amphastar district court infringement litigation (Lovenox). The litigation drones on, round 47 in the procedural battles to Momenta. The court allowed them to amend their complaint. The decision is only 8 pages long and has some useful history for those who have forgotten. One gets the impression the court is not entirely pleased with Amphastar:

The Court remains concerned by Momenta’s allegations that Amphastar intentionally withheld and concealed, perhaps in violation of a court order, the documents necessary for Momenta to discover Amphastar’s use of the DBB test. Given the Federal Circuit’s finding that the safe harbor provision does not protect Amphastar from liability, the Court no longer deems the proposed amendment “futile”

The decision is available here:

https://www.dropbox.com/s/idhnzccdzxde4rs/Momenta%20Pharmaceuticals%2C%20Inc%20et~.pdf?dl=0