Momenta Pharmaceuticals, Inc. (MNTA)

[tinkershaw]

However, from what I have seen of the civil court system in general is that: they are very attuned to determining economic damages and that they are sensitive to the matter of standing. If Mnta/Sandoz was to clear the FDA approval hurdle, I think the court would view this as a change in standing and would be sensitive to the motions from NVS/Mnta for the need for immediacy of a determination.

Standing is a very specific term of art in the law. MNTA's approval would do nothing to change its "standing" in front of the court. Had MNTA previously obtained FDA approval it would have been a very good argument to not consolidate the case with Mylan as the party's interests would not necessarily be aligned sufficiently. But whether or not they gain approval, it will not change MNTA's legal standing with the court.

Tinker