United States:
CAFC Dismissed For Lack Of Standing After Abandoning Product Development In Momenta v. BMS
07 March 2019
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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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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