Safe Harbor in these types of cases -- which will keep coming -- will continue to be decided at the appellate level, and the decisions will depend on the composition of the panel of judges and the venue.
Quite true and quite ridiculous really. The SCOTUS really needs to set the record straight.
…Teva's process patent for Copaxone shouldn't be any safer than Momenta's for enoxaparin. I would expect that, if approved, Momenta and other players with the ability to launch upon the expiration of the last 2014 CoM patent would do so.
Agreed.
I am not as positive as you are that the FDA will be more tight-fisted about the information they reveal when approving.
Please see my reply to pollyvonvog in #msg-84460897.
What a mess. Holding my much reduced position if for no other reason than Momenta is simply due for good news by law of averages, a terrific investment thesis as you all know.
I would re-characterize your statement by observing that MNTA’s current enterprise value ascribes approximately nil to anything but cash on hand and a conservatively-calculated NPV of the Lovenox royalty stream. Regards, Dew
Safe Harbor in these types of cases -- which will keep coming -- will continue to be decided at the appellate level, and the decisions will depend on the composition of the panel of judges and the venue.
Another scenario could be MNTA M-copax gets approved, another company then gets it approved via the same way Ampha got theirs, MNTA sues for infringement, gets a different panel at the CAFC and wins that CAFC case. Wacky indeed!