Momenta Pharmaceuticals, Inc. (MNTA)

[stockbettor]

Below is a link to the district court decision. I thought a chance might exist that Momenta's attorneys had found that Amphastar had failed to disclose info contained in its ANDA, which would show that Ampha was infringing claims in MNTA's patents that were not protected by the H-W safe harbor. I recall that MNTA attached 70 or so exhibits to one of its motions to amend its complaint, which, based on the court's docket records, was submitted after its attorneys had been given access to all ANDA records.

In his opinion, Judge Gorton expresses concern that Ampha indeed might have concealed info in violation of court order. Nevertheless, he concluded that the additional claims raised by MNTA were covered by the safe harbor or, in the case of one claim, of no consequence.

I believe a motion for sanctions against Ampha for the alleged concealment is still pending. Additional proceeding will presumably be required as to what damages MNTA/Sandoz might owe.

http://docs.justia.com/cases/federal/district-courts/massachusetts/madce/1:2011cv11681/139177/497/0.pdf?ts=1374318031