>>CAMBRIDGE, Mass., Aug. 3, 2012 (GLOBE NEWSWIRE) -- Momenta Pharmaceuticals, Inc. ( MNTA), a biotechnology company specializing in the characterization and engineering of complex drugs, today announced that the United States Court of Appeals for the Federal Circuit issued its substantive opinion on its previous decision to stay the preliminary injunction in the case against Amphastar Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc. and International Medical Systems, Ltd. "The opinion outlined in the ruling is a setback for Momenta in this particular litigation and has potentially wide ranging implications for all patent holders," commented Craig Wheeler, President and Chief Executive Officer of Momenta. "We are reviewing the court's opinion and are considering our options for moving forward in this ongoing case."<<
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Surprised there has been no comment here about this. The majority opinion here reflects the minority opinion in Classen, in which Judge Moore was the dissenter. Here it is Chief Justice Rader in the minority versus Moore and the 3rd judge who went in Moore's direction wrt the Bolar amendment. Rader openly invited Momenta to try an en banc hearing. That could take a while, and on wonders what's left to discuss at the circuit level. As North40000 - a retired patent lawyer says: "Interesting times . . . next stop Supreme Court."
siliconinvestor.com
And that also takes a while. Sigh.
Cheers, Tuck |
