MNTA petition for cert filed:
(I have been reviewing the SCt website for the filing on a daily basis for the past week, and this is the first time I have seen this posted. I assume that a copy of the petition will be widely available in the near future. I am curious whether the petition will take the position that the Fed. Cir.'s majority interpretation of the Hatch-Waxman safe harbor results in a violation of the 5th amendment takings clause. Also surprised MNTA has not issued a PR by now; note the 2/15 filing date).
No. 12-1033
Title: Momenta Pharmaceuticals, Inc., et al., Petitioners
v.
Amphastar Pharmaceuticals, Inc., et al.
Docketed: February 21, 2013
Lower Ct: United States Court of Appeals for the Federal Circuit
Case Nos.: (2012-1062, 2012-1103, 2012-1104)
Decision Date: August 3, 2012
Rehearing Denied: November 20, 2012
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Feb 15 2013 Petition for a writ of certiorari filed. (Response due March 25, 2013)
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