Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

While a legislative approach could present a long term remedy wouldn't it be "after the fact" such that the potential for damage compensation in this case to be much less likely? That is it would change an existing law and prevent a future issue but not apply retrospectively to this case? While an en banc review might result in a different outcome based on current law and allow awarding the damages Momenta seeks. I wasn't sure what would trigger an en banc review since it seemed that a majority of judges had to approve this approach if my reading is correct. Thanks for responding. bp