Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Amphastar and MNTA have filed a joint motion in District Court to have the proceedings stayed, Amphastar to file motion for summary judgment:

JOINT MOTION FOR STAY
All parties hereby move for a stay of proceedings in this Court pending completion of appellate proceedings in this case, with the limited exception of briefing and disposition of a motion for summary judgment as described in the penultimate paragraph of the instant motion (the “requested stay”).
Fact discovery in this case has closed, but certain fact discovery obligations and discovery-related disputes remain. A variety of motions are pending. The process of exchanging expert reports is scheduled to begin shortly. If the requested stay is granted, all currently- existing rights, obligations, and liabilities of the parties will remain unchanged, but further litigation activity in this Court would be suspended during the period of the requested stay.
As grounds for this motion, the parties state that the United States Court of Appeals for the Federal Circuit has now rendered its decision on Amphastar’s appeal from this Court’s Order granting a preliminary injunction in this case. A copy of that decision is attached for the convenience of the Court. The parties agree that, until further appellate proceedings with respect to the Federal Circuit decision are completed, a stay is appropriate in order to conserve the parties’ and the Court’s resources.


Amphastar intends to file a motion for summary judgment based solely upon the issue that is addressed in the decision of the Court of Appeals. Momenta will oppose any such motion, but the parties do not intend that this stay extend to briefing or decision on that particular motion.
Each party reserves the right to move the Court with respect to the requested stay if changed circumstances so warrant.
Respectfully submitted,
MOMENTA PHARMACEUTICALS, INC.,
By their attorneys,
/s/ Michael E. Murawski
Robert S. Frank, Jr. (BBO #177240)
[e-mail]
Eric J. Marandett (BBO #561730)
[e-mail]
Daniel C. Winston (BBO#562209)
[e-mail]
Michael E. Murawski (BBO #669857)
[e-mail]
CHOATE, HALL & STEWART LLP
Two International Place Boston, MA 02110 Tel.: [phone] Fax: [phone]
SANDOZ INC.,
By their attorneys,
/s/ Thomas P. Steindler
Sarah Chapin Columbia (BBO #550155)
[e-mail]
Melissa Nott Davis (BBO #654546)
[e-mail]
MCDERMOTT WILL & EMERY LLP
28 State Street Boston, MA 02109 Tel.: [phone] Fax: [phone]
- and –
AMPHASTAR PHARMACEUTICALS, INC., INTERNATIONAL MEDICATION SYSTEMS, LTD., WATSON PHARMACEUTICALS, INC. and WATSON PHARMA, INC.,
By their attorneys,
/s/ Anthony T. Pierce
Anthony T. Pierce (admitted pro hac vice) [e-mail]
Mark Mansour (admitted pro hace vice) [e-mail]
Debra A. Drake (admitted pro hac vice) [e-mail]
AKIN GUMP STRAUSS HAUER
& FELD LLP
1333 New Hampshire Avenue NW Washington, DC 20036
Tel.: [phone]
Fax: [phone]
Steven M. Bauer (BBO #542531)
[e-mail]
Jinnie Reed (BBO #679137)
[e-mail]
PROSKAUER ROSE LLP
One International Place Boston, MA 02110-2600 Tel.: [phone] Fax: [phone]