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Biotech / Medical : Momenta Pharmaceuticals Inc. -- Ignore unavailable to you. Want to Upgrade?

To: Jeffry K. Smith who wrote (2632)	12/3/2010 1:26:16 AM
From: tuck	Read Replies (1) \| Respond to of 3027

>>Press Release Source: Teva Pharmaceutical Industries Ltd. On Thursday December 2, 2010, 3:55 pm JERUSALEM--(BUSINESS WIRE)-- Teva Pharmaceutical Industries Ltd. (NASDAQ:TEVA - News) commented today on the patent infringement lawsuit filed by Momenta Pharmaceuticals, Inc. and Sandoz Inc. Teva received a copy of the complaint which claims that the manufacture of its generic Lovenox® (enoxaparin sodium) injection, which is still under active review at U.S. Food and Drug Administration, has infringed Momenta's U.S. Patent Nos. 7,575,886 (the "'886 patent") and 7,790,466 (the "'466 patent"), and will infringe those patents once it is officially approved and marketed in the United States. Teva's version of generic Lovenox, which is manufactured and tested outside of the U.S., does not infringe either of these patents. Teva believes that this lawsuit is without merit, and Teva intends to seek reimbursement for all legal fees in fighting these baseless allegations. << snip Note that Teva say it does not infringe the patents, not that it will not infringe the patents. Also, the pointed clause about the foreign manufacture is to address a section of the commercial code that allows prosecution for infringement even if the product is not yet sold, but is manufactured in the U.S. As you might expect, this has generated a flurry of posts on IHub. There is some doubt that this suit will fly without t-enox approved and imported. The court may not be interested in a hypothetical case. But even if it is dismissed, it's a good tactical move. It serves official notice to Teva that if approved, Teva will be in much less dismissable litigation within hours, and if they launch, anyway, they could be looking at treble damages. Teva may already have figured this out, and as Dew suggests, this may be more of a business move at this point by Momenta. It is meant to demonstrate to potential partners that their IP is unique and defendable, in spite of the crap Bill Marth and other Teva officials have been spouting and some on the Street are believing. If Teva is in fact trying to pawn off Lupenox as generic lovenox, then they probably are not using a Momenta patented process. As such, they are never going to infringe -- nor are they ever going to get approved. But Rick Shea was quoted as saying that Teva had a stockpile of t-enox that infringed the patents. To me this implies that t-enox isn't Lupenox. Cheers, Tuck