Replies to post #152751 on Biotech Values

[stockbettor]

I need to run into a meeting, but the Solictor General's brief should be quite influential as to whether the SCt grants cert in Classen. I am sure the MNTA decision will be analyzed in the SG brief for Classen -- SG briefs are generally very thorough. It would not surprise me if the SG recommended that MNTA and Classen be consolidated.

[DewDiligence]

MNTA’s own PR on the en banc denial: US Supreme Court next…

http://finance.yahoo.com/news/u-court-appeals-denied-momenta-174130491.html

"…we plan to file a petition for certiorari, asking the Supreme Court to review this case," said Craig Wheeler, President and Chief Executive Officer of Momenta. "We strongly believe that the CAFC panel decision in this case finds no support in the statutory text of the safe harbor provision of the patent law, or in Supreme Court precedent, and a final decision upholding this case could have wide-ranging, negative effects on drug development."

[OakesCS]

taking the liberty to pass on what my father, who is a lawyer, told me a couple weeks ago:

If the Court decides not to rehear, then Momenta will petition the Supreme Court for a writ of certiorari, asking among other things that the Supreme Court hear the case together with the appeal in the Classen case involving Glaxo Smith Kline. Because Classen and Momenta present a conflict of authority within the Federal Circuit, and because of the general consequences of whatever decision is made, I would expect the Supreme Court to hear the case. That would put a final decision two years down the road....