Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Here's an excerpt, recall that the jury found that Amphastar did infringe but that Momenta waived its right to enforce and that the patent was invalid.

... Amphastar argued Wednesday that Momenta and Sandoz lack a reason for a new trial as there is “substantial evidence” backing the jury’s finding that the asserted claims are invalid.

“The jury correctly invalidated the ’886 patent because it failed to provide sufficient disclosure to enable a [person of ordinary skill in the art] to practice the full scope of the invention and it claimed more than was actually invented,” Amphastar contended.

In their competing bid, Momenta and Sandoz said the court should reject Amphastar’s contention that it hadn’t infringed the patent, since the jury’s infringement verdict is backed by “extensive evidence.”

I could post some of the briefs and motions from Pacer but I'm not sure I want to encourage people, though I suppose you are all grown-ups and it is interesting to some people (masochists, among others).