Momenta Confirms Appeals Court Denied Petition, Co. to File for Rehearing at Supreme Court Level

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Momenta Pharmaceuticals,Inc. (Nasdaq: MNTA) today announced that theUnited States Court of Appeals for the Federal Circuit (CAFC) denied itsrequest for a rehearing en banc to reconsider its three-judge panel opinion inthe case of Momenta Pharmaceuticals vs. Amphastar Pharmaceuticals, Inc., whichheld that Amphastar's use of Momenta's patented method for processingenoxaparin sodium injection was protected by the "safe harbor" from patentinfringement 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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