The Supreme Court's denial of certiorari effectively ends of Lovenox patent case, as far as I can tell. The District Court will now likely order a dismissal based on the Hatch-Waxman Safe Harbor.
Maybe it's a good thing that SCOTUS didn't grant cert and thus potentially affirm Moore's flawed opinion in Momenta as to what is entitled to the "safe harbor" under Hatch-Waxman. With contrary view expressed in Classen Immunotherapies, there's still the opportunity for an en banc ruling by the Federal Circuit.
this would coincide with my earlier post -
The high court today declined to hear their appeal of a ruling that let Actavis Inc. (ACT) and Amphastar Pharmaceuticals Inc. sell the copycat medicine while a patent-infringement case is pending in federal court. The patent covers a way to analyze the drug during the manufacture process to ensure it follows certain quality controls required by regulators.
Not having a legal background to decipher minute intricacies in various rulings - might MNTA still have an opportunity to prevail if they win the Federal Court infringement suit? Comments -
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