Momenta Pharmaceuticals, Inc. (MNTA)

[floblu14]

In regards to the following explanation of the SCOTUS decision -

http://www.patentdocs.org/2013/06/supreme-court-denies-certiorari-in-momenta-case.html

a comment stated -

Maybe it's a good thing that SCOTUS didn't grant cert and thus potentially affirm Moore's flawed opinion in Momenta as to what is entitled to the "safe harbor" under Hatch-Waxman. With contrary view expressed in Classen Immunotherapies, there's still the opportunity for an en banc ruling by the Federal Circuit.

this would coincide with my earlier post -

The high court today declined to hear their appeal of a ruling that let Actavis Inc. (ACT) and Amphastar Pharmaceuticals Inc. sell the copycat medicine while a patent-infringement case is pending in federal court. The patent covers a way to analyze the drug during the manufacture process to ensure it follows certain quality controls required by regulators.

Not having a legal background to decipher minute intricacies in various rulings - might MNTA still have an opportunity to prevail if they win the Federal Court infringement suit? Comments -