Replies to post #11092 on Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

Legal Machinations - an update.

I've reviewed the transcript for the hearing before Judge Gorton on January 8, 2014. This makes things clearer than trying to understand matters from the pleadings, which are sealed to a great extent. I will start by quoting from the Court's summary at the beginning of the hearing.

I am going to record what I believe to be the pending
motions, and then I'm going to tell you what I intend to do
with them. And then I will hear you in response to my
announced intentions. First, I understand that there are the
defendants' objections to the magistrate judge's order to pay
attorney's fees and costs, that is, the motion for sanctions.
These objections are Docket No. 537. There are also the
defendants' motion for entry of judgment, which is Docket No.
507, that remains pending, and defendants' motion to enforce
liability for bonds on damages arising from wrongfully issued
TRO and preliminary injunction. That's Docket No. 521. And,
finally, there are plaintiffs' emergency motion to defer
consideration of defendants' motion pending appeal, and that's
Docket No. 530.
I am going to resolve Momenta's motion for sanctions,
Docket No. 392, based upon Magistrate Judge Collings' order,
Amphastar's objections, and Momenta's response to those
objections, and, finally, Momenta's brief detailing costs and
fees incurred and Amphastar's response thereto. I am likely to
deny the objections to Magistrate Judge Collings' order and
enter an amount as sanctions against Amphastar. And then once
I have done that, I am going to enter final judgment in this
case.
I am very inclined to agree with Momenta that it
withdrew its claim under the '466 patent without prejudice
prior to my ruling on the motions for summary judgment.
I am strongly inclined to hold Amphastar's motion to
enforce liability on the bonds, Docket No. 521, in abeyance
until the Federal Circuit resolves Momenta's appeal of this
Court's entry of summary judgment in favor of Amphastar. That
seems to me to get the matter off dead center, back where it
should be, or where I intended it to be, and to resolve the
lingering issue of sanctions that is before this Court and that
I will resolve before entering judgment.