In Momenta Pharmaceuticals, Inc. v. Bristol-Meyers Squibb Co., No. 17-1694 (Fed. Cir. Feb. 7, 2019), the CAFC dismissed Momenta's appeal from a final written decision of the PTAB for lack of standing. The PTAB sustained patentability of the challenged claims from Bristol-Meyers Squibb's '239 patent, which covered BMS's Orencia® product. The CAFC held that Momenta had no legally protected interest in the validity of the '239 patent once it discontinued seeking FDA approval for an Orencia® biosimilar. Further discussion of the decision can be found on Finnegan's Federal Circuit IP Blog.

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