Replies to post #11341 on Momenta Pharmaceuticals, Inc. (MNTA)

[Regulardoc]

I don't think he mentioned that they would be refiled, just that there were non-Orange Book patents out there and my take away was that they were of no major significance.

[DewDiligence]

…MNTA/NVS would launch at risk assuming [FDA] approval...

Absolutely correct, IMO. The USPTO doesn’t have the power enjoin MNTA/NVS from launching. (Only a court can do that, and the CAFC has already sided with MNTA.)

If the USPTO ends up reissuing the ‘808 patent, it will presumably have the same expiration date (Sep 2015) as the original, and hence the patent may well have expired (or almost expired) by the time any final action by the USPTO is taken.