Replies to post #9814 on Momenta Pharmaceuticals, Inc. (MNTA)

[iwfal]

i remember reading somewhere not very long along where you opined that mnta might have a hard time winning in court or that mnta ip are hard to enforce in court or something to that matter.

1) My opinion does evolve over time - so I'd have to reconstruct it same as you would to be precise about any details.

2) many of my questions and posts are hypotheticals intended to create dialog to potentially change my position - or not.

All that said, my current belief is that the en banc is a 50/50 shot, but if it gets upheld I think there is an 80% chance (since in my moderately extensive reviews of patent decisions about 15 years ago I found appellate decisions often very nonsensical but USSC to be much better reasoned). But of course, as I noted above, my opinion changes over time as facts change.)