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Momenta Pharmaceuticals Inc. Message Board

  • jkistotass jkistotass Dec 17, 2012 4:32 PM Flag

    supreme court status

    Hi All. New to MNTA but wondering if anybody has been following MNTA's attempt to get heard by the supreme court on the Amphaster case? Does anybody know where that stands? I heard it's not going well. I also heard the $100 million bond could be at risk? Is this possible? I bought MNTA bc I thought all bad news baked in but this has me concerned. Since i don't know if these are just rumors or legit concerns, wanted to see if anybody else has insight.


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    • If you google "momenta amphastar safe harbor", you will see the most recent supreme court decision (SG).

    • What have you "heard?"

      The supreme hasn't made its decision yet. If it does take it up, I imagine it'd be bundled with Classen.

      MNTA only has a portion of the bond, but why would it be at risk?

      • 1 Reply to perryfinker
      • Perhaps I don't understand the legal arguments here, but I "heard" (sorry if you're offended by this) that the other generic, amphaster, applied for a summary judgment which momenta argued against because the supreme court was going to hear Classen. I guess there was a recommendation from the solicitor general that classen not be heard by the court. that made mnta's argument against summary judgement moot, and the likelihood of this case being heard by the supreme court very low. i don't think anything definitive, but sounds like set back for mnta.

        as far as bond, if other generic has case that sales were lost because of mnta's prelim injunction, doesn't that mean bond is at risk? thought mnta owned 100% of bond.

        i bought mnta because i thought downside limited, but i didn't realize there is still financial risk if mnta loses case. please correct if i'm wrong here.

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