Momenta Pharmaceuticals, Inc. (MNTA)

[biopearl]

Judicial equilibrium? I don't think so. Major Kudos to Momenta for winning on indefiniteness. But judicial equilibrium implies to me some sense of fairness. I read the HW rules re enox, and the clear intent was was distorted by the current ruling to include support for abusing the patents required to manufacture the product after approval not before (when Ampha was protected by the Act.) This confidential (or then patent protected information) appeared to shared by the FDA with Amphastar (and the world) in a public way as to undermine MNTA. And it appears Ampha may not have played fair with making all the info avail to the court that they should have. I don't feel equilibrium has been achieved yet and I hope now that there is summary judgment that is clearly wrong headed the USSC will finally set this to rights. I know the chances are low but I doubt MNTA will give it up yet. I hope not. When an ump makes a bad call (enox) sometimes he tries to make it up later in the game (356) in the name of fairness. Regardless a second generic after 356 that is not interchangeable may find significant delay from the umpires at FDA but for entirely valid reasons (non interchangeability) . It is clear that we don't live in a world of equilibrium or complete fairness but a judicially driven political drive to reduce medical costs that includes strange interpretations of law to facilitate competition at the expense of patent protection and the law (which is changeable). Just my opinion. Regards, bp