Momenta Pharmaceuticals, Inc. (MNTA)

[tinkershaw]

if Amphastar used a Momenta-patented process to successfully produce generic Lovenox in the lab, they could not use this same process to subsequently mass-manufacture generic Lovenox for sale?

That is my understanding. It is an inventor's exemption, not a commercial product exemption. If they can produce the same result, once figuring it out with MNTA IP, but in some other way thereafter, then they can successfully bypass the patent. That is something that would be a clear cut defense for them, and if so, I expect MNTA will lose the PI issue.

But reading the tea leaves, I don't believe that Ampha has some other methodology...at least that is not what I read in the limited paper work that I saw (keep in mind, I've been in court for days, so I've only read limited paperwork quickly), so someone please correct me if they have found something contrary to this.

Tinker