Replies to post #12949 on Momenta Pharmaceuticals, Inc. (MNTA)

[DFRAI]

Other than a Baxter decision on additional targets ....there should be only positive news flow for the remainder of the year, one would hope.

Does anyone think that MNTA would launch at risk at this point?

It seems case gets remanded to lower courts? clear error on appelate court not giving deferrence to circuit court ...it just seems that the circle is repeating ...wonder what the side notes are on clear error instructions

[semi_infinite]

Thanks. From Scotus blog - the last portion of the opinion is pasted below. I wonder how this will impact the challenge of the 40 mg patent.

>>>>>>>>>>>>>
When the Federal Circuit reviewed the District Court’s
decision, it recognized that the peak of the curve did not
match the 7.7 kilodaltons listed in the legend of figure 1.
723 F. 3d, at 1369. But the Federal Circuit did not accept
Teva’s expert’s explanation as to how a skilled artisan
would expect the peaks of the curves to shift. And it failed
to accept that explanation without finding that the District
Court’s contrary determination was “clearly erroneous.”
See ibid. The Federal Circuit should have accepted
the District Court’s finding unless it was “clearly erroneous.”
Our holding today makes clear that, in failing to do
so, the Federal Circuit was wrong.
Teva claims that there are two additional instances in
which the Federal Circuit rejected the District Court’s
factual findings without concluding that they were clearly
erroneous. We leave these matters for the Federal Circuit
to consider on remand in light of today’s opinion.
We vacate the Federal Circuit’s judgment, and we remand
the case for further proceedings consistent with this
opinion.
>>>>>>>>>>>>>>>