Momenta Pharmaceuticals, Inc. (MNTA)

[tinkershaw]

Is it the case that m-copaxone could be approved by the FDA, yet MNTA would not be able to sell it (market it?), unless a) the court rules in their favor in the current patent lawsuit, or b) they decide to do an "at-risk" launch?

Yes. Either way, MNTA share price would rise, but the lawsuit could be yet another overhang, fetter, to getting full value for the achievement until it is resolved.

My opinion, TEVA is vulnerable in the patent lawsuit. MNTA's attorneys need to get the ball rolling and get the trial going. All TEVA wants to do is run out the clock on that lawsuit. On the other hand, on the MNTA lovenox suit against TEVA, TEVA has some legal issues that may frustratingly be effective. Which is irrelevant, anyways, if TEVA cannot get FDA approval. Then again, like TEVA wants to run out the clock as its purpose in its lawsuit, MNTA wants to garner and make public what it considers to possibly be the sham of its lovenox application. Litigation is not just about winning or losing. And in these two cases, the plaintiffs have uphill battles if they were just fighting it on those terms.

Tinker