Momenta Pharmaceuticals, Inc. (MNTA)

[iwfal]

we plan to file a petition for certiorari, asking the Supreme Court to review this case," said Craig Wheeler, President and Chief Executive Officer of Momenta. "We strongly believe that the CAFC panel decision in this case finds no support in the statutory text of the safe harbor provision of the patent law, or in Supreme Court precedent, and a final decision upholding this case could have wide-ranging, negative effects on drug development."

As I've said for quite a while - the appeals court rulings on patents have always been, at best, erratic. (If I had to put a finger on the reasons I say: 1) very common tenor is that they don't believe in the concept of patents (IP communism), 2) literalists). I always gave the en banc appeal 50/50 - consistent with a coin flip.

But I've also noted that the USSC is generally more considered. So moving directly to USSC, where this was always likely to go with a decision soooo broad, may actually speed things up in getting to a favorable resolution (I give MNTA a 70-80% chance of success at USSC).