Re: MNTA - Amphastar litigation.
For those interested in the details, the docket reflects four items from Friday. I have cut pasted it below.
The first of these is notes of the proceeding from the clerk of the court, the second is the document produced by Amphastar regarding the TRO. the third is a draft of the TRO proposed by Momenta and the last is the actual TRO, which is slightly different froom what Momenta proposed. I already cut and pasted the TRO in the post to which I am now responding and will post the other two items in two subsequent posts. You will see some of Amphastar's arguments in the document they submitted; I assume the court reviewed that document before issuing the TRO, notwithstanding their argument that the TRO was not justified and that the proposed TRO was overbroad. In particular, they argued that the "Plaintiffs' patent infringement claims ... relate to testing, not to themanufacture of enoxaparin. Accordingly, a temporary restraining order going beyond enjoining the use of the tests claimed in the Momenta patents is inappropriate in this case." Notwithstanding that and the other arguments made by Amphastar, the judge issued a TRO stating that defendants shall not "offer for sale or sell in the United States any generic enoxaparin product that allegedly infringes one or more of the patents issued to Momenta Pharmaceuticals, Inc. and at issue in this case." The last phrase, "that allegedly infringes..." was not in the draft MNTA TRO -- not sure what it adds. Item 29 in the Momenta complaint alleges "By offering for sale or selling Amphastar’s generic enoxaparin, Amphastar andWatson are infringing or shortly will infringe the '886 and '466 patents" so it seems to me that the extra language does not add much.
The most recent four items on the docket:
10/07/2011 ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Motion Hearing held on 10/7/2011 re 18 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Momenta Pharmaceuticals, Inc., Sandoz Inc. The Court temporarily grants 18 Motion for TRO and orders Defendants to temporarily refrain from selling products for 2 weeks. Plaintiff's to submit a draft temporary restraining order by 5:00 PM today, 10/7/2011. This TRO will be enforced for 14 days only, and is subject to amendments at the hearing set for 10/20/11. Defendants are to submit an ex parte document, less than 5 pages, in connection with the adoptions of the TRO. Defendants responsive pleadings are due by 10/12/11. The court will entertain a short memorandum by Plaintiffs justifying the limited and concise amount of discovery, no later than 10/12/11. Further Hearing set for 10/20/2011 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton.(Court Reporter: Cheryl Dahlstrom at 617-951-4555.)(Attorneys present: Schou, Marandett, Frank, Steindler, Bauer, Pierce, Hubner, Weir, Robell,) (Patch, Christine) (Entered: 10/07/2011)
10/07/2011 36 Proposed Document(s) submitted by Momenta Pharmaceuticals, Inc., Sandoz Inc.. Document received: Proposed Order Granting Limited Temporary Restraining Order. (Schou, Courtney) (Entered: 10/07/2011)
10/07/2011 38 NOTICE by Amphastar Pharmaceuticals, Inc., International Medication Systems, Ltd., Watson Pharmaceuticals, Inc. re Order on Motion for TRO, Motion Hearing, Set Hearings,,,,,,,,,,,, Notice of Filing of Redacted Ex Parte Submission in Connection with the Adoption of the Temporary Restraining Order (Bauer, Steven) (Entered: 10/07/2011)
10/07/2011 39 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER; 1)until the close of business on Friday, October 21, 2011, the defendants, and any entity or persons acting on their behalf, shall not advertise, offer for sale or sell in the United States any generic enoxaparin product that allegedly infringes one or more of the patents issued to Momenta Pharmaceuticals, Inc. and at issue in this case; and2)the plaintiff, pursuant to Fed. R. Civ. P. 65(c), shall, on or before the close of business on Tuesday, October 11, 2011, post a security bond in the amount of Fifty Thousand Dollars ($50,000) to secure any costs and damages that may be incurred or suffered by the defendants should it later be determined that this temporary restraining order was improvidently entered.After defendants have filed their responsive pleadings, a comprehensive hearing on the merits will be held on Thursday, October 20, 2011, at 11:00 a.m. in Courtroom #4, Moakley Federal Courthouse. So ordered.(Nicewicz, Craig) (Entered: 10/07/2011)
