Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

Indigo, I am not an attorney but from having followed this case closely with the help of mouton, Dew and flo, the safe harbor defense does not exist for Amphastar and has been settled by long tortuous litigation. Safe harbor protection does not extend to Amphastar. Also the issue of patent protection also seems to me to have been decided long ago by the district court in favor of Momenta re the '833 patent etc. Where Momenta has a potential problem is with Amphastar's equitable defense argument. Mouton has pointed this out and kindly provided a summary of the judges rejection of summary judgement motions in a drop box a couple of weeks ago, it should be easy to find in June messages from mouton, if you want to read about it. bp