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

Momenta Pharmaceuticals, Inc.

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.