Replies to post #5968 on Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

The document you asked about is at #msg-60610139. (It was referenced in a prior version of the ReadMeFirst, but I removed it from the latest version after Amphastar dropped its lawsuit against the FDA.)

[stockbettor]

FWIW, yesterday I posted a long extract from a proposed amended complaint which Amphastar sought to file in late April. The extract contained new allegations about a meeting the FDA scheduled in October 2007 to approve Amphastar's generic. Here's the link:

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=67313207

I probably should have paid more attention to Amphastar's court filings and considered the "conspiracy theory" possiblity that the FDA might be pressured into approving Amphastar's generic. The Akin Gump firm which represented Amphastar in its suit against the FDA is politically well-connected, having been co-founded by Robert Strauss, who chaired the DNC in the 70s, and having as current partners Vernon Jordan (Clinton Administration) and Tommy Thompson (former Republiican governor).

Fortunately MNTA's lawsuit is based on its process patents as has been pointed out, and it does not attack the FDA approval, which would likely be a losing proposition even if it could be shown that the FDA applied its standards with less rigor in approving Amphastar's generic. IMO, MNTA's suit has much greater upside than downside potential with a good chance of resolution in the not too distant future.