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Replies to post #146574 on Biotech Values
08/03/12 3:05 PM
If I were MNTA/Sandoz, I would be retaining well-connected lobbyists before the day is out to explore the possibility of securing a legislative "technical correction" to the H-W exception to make it absolutely clear that it reads as Congress originally intended it to read, as explained by the Chief Judge.
Wheeler said the Cambridge, Massachusetts-based company is considering its options. It can seek a review of the decision before all active judges of the Federal Circuit, which specializes in patent law, and appeal to the Supreme Court.
Chief Judge Randall Rader disagreed with the majority, saying that Momenta shouldn’t be deprived of the fruits of its work.
“Momenta made the investment, did the research and engineered the new method,” he wrote. “Amphastar is only able to compete with Momenta by taking its patented invention. Amphastar has not developed its own method, but instead delights in trespassing and refuses to pay a reasonable royalty to make the trespass lawful.”
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