Now another company has entered the picture, which shifts the agreement to a much less favorable royalty structure for Momenta. This has taken Momenta from making a consistent quarterly profit, to being deep in the red. In the most recent quarter, Momenta reported a loss of $17.7 million. In response Momenta filed a patent infringement lawsuit against Watson Pharmaceuticals. Most recently, Momenta lost in a federal appeals court when it argued that Watson should be barred from selling the generic version until the conclusion of the patent infringement trial. However, the court found that by a 2-1 margin, that Momenta was "not likely" to win in regards to its patent infringement claim. Momenta also recently lost an en blanc decision, when it asked for the full panel of the appeals court to review the 2-1 decision, as the court declined. The CEO of Momenta strongly implied at that time that Momenta would seek an appeal before the US Supreme Court. For those of you who might be unfamiliar with the legal system, the US Supreme Court can choose which cases to take, and it is highly unlikely for the court to take this case.
We'd have an easier time getting our speeding violation heard by the Supremes than these guys will in this Watson matter.How many times do they have to get blown away before they get the message? They're batting zero in all their cases and appeals. Either give up the ghost or change law firms. Blowing millions upon millions appealing the issues you got clobbered on with the same firm doesn't make sense. Surest sign of insanity is doing the same things over and over and expecting different results.
You really don't understand much do you? The MNTA case is all about safe-harbor and how it impacts patent protections. That means is has broad implications for the entire drug industry so there is a good chance that the Supreme Court will indeed take this case.