Momenta Pharmaceuticals,
Inc. MNTA today announced that the
United States Court of Appeals for the Federal Circuit (CAFC) denied its
request for a rehearing en banc to reconsider its three-judge panel opinion in
the case of Momenta Pharmaceuticals vs. Amphastar Pharmaceuticals, Inc., which
held that Amphastar's use of Momenta's patented method for processing
enoxaparin sodium injection was protected by the "safe harbor" from patent
infringement under 35 U.S.C. sec. 271(e)(1).
The request for all active judges of the court to reconsider a panel decision,
known as rehearing en banc, is only granted upon a majority vote.
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