Replies to post #3923 on Momenta Pharmaceuticals, Inc. (MNTA)

[iOwnSomeBio]

MNTA:News
US court dismisses Teva motion on Copaxone
Teva's motion for a summary judgement was part of its lawsuit to block Mylan's efforts to develop a generic version of Copaxone.
19 June 11 14:32, Shiri Habib-Valdhorn
The US District Court for the Southern District of New York has dismissed a motion for summary judgment on Copaxone filed by Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA; TASE: TEVA). Teva filed the motion for a summary judgment finding of no inequitable conduct as part of its lawsuit to block efforts by Mylan Inc. (Nasdaq: MYL) its develop a generic version of Teva's brand drug Copaxone for the treatment of multiple sclerosis.
The court also set a start date of July 11, for the trial on Mylan's inequitable conduct affirmative defense. The trial on the remaining issues will begin on September 7.

Teva is suing Mylan, Momenta Pharmaceuticals Inc. (Nasdaq: MNTA), Novartis AG (NYSE:NVS; LSE: NOV; SWX: NOVZ) unit Sandoz, and India's Natco Pharma Ltd. for patent infringement of Copaxone. Copaxone has $3 billion in annual sales. The defendants claim that Teva's conduct in registering the patents is inequitable and that it is attempting to win summary judgments.

Teva is also involved in legal proceedings against Watson Pharmaceuticals Inc. (NYSE: WPI), which wants to launch a generic version of the contraceptive Seasonique, produced by Duramed Pharmaceuticals Inc, a unit of Teva subsidiary Barr Pharmaceuticals, and marketed by Teva Women's Health. On Friday, an appeals court issued a preliminary injunction that prevents Watson from selling generic Seasonique until the US Court of Appeals for the Federal Circuit in Washington rules on whether sales should be halted further until it rules on a separate appeal by Duramed unit to block Watson’s generic version. Watson has until July 1 to respond.

Teva's share price fell 3.5% on Thursday and Friday on Nasdaq to $47.49, giving a market cap of $41.4 billion, and fell 4.4% by early afternoon on the TASE today to NIS 163.10.

Published by Globes [online], Israel business news - www.globes-online.com - on June 19, 2011

© Copyright of Globes Publisher Itonut (1983) Ltd. 2011

http://www.globes.co.il/serveen/globes/docview.asp?did=1000655606&fid=1725

[linhdtu]

1. Yes or launch at risk ( of paying damages later if you lose in court)
2.Yes.
6. Trial starts this Sep 2011, I believe.

3,4,5 I don't know enuf to give you a decent answer. I'd go by Dew 's odds.

[investorgold2002]

Copaxone legal case

Read the 2 documents below - you should be all set.

Basically the MAIN claim "cope-1 with lower mol weight is less toxic" is the main one...there are various supporting claims around, either specifications, processes for making it, etc

Inequitable conduct case is very strong IMHO

They also have a decent case on indefiniteness i think...whether the info presented in the patents were definite enough so anybody skilled in the art could use it.

process patents seems like can be avoiding as MNTA may have non-infringing process

http://208.78.96.220/11-3-08_Sandoz_response_and_counterclaims.pdf

http://208.78.96.220/10-7-09_Sandoz_claims-construction_brief.pdf