Momenta Pharmaceuticals, Inc. (MNTA)

[tinkershaw]

what worries me about this Amphastar argument that ANDA approval batches can be sold is that it could constitute a launch without being patent infringement, thereby decreasing the liability towards Mnta since it was not the infringing activity that caused Mnta to sustain a big loss

Lawyers can argue anything their creative little minds can think of, and sometimes it pays off. However, batches prepared for ANDA approval are not the batches that are going to be bid on by customers, and are not going to trigger infringement.

If Ampha has its way, all batches will be for ANDA or post ANDA, one and the same, so it won't matter. But failing this, no, I don't see this as an issue.

Tinker