Momenta Pharmaceuticals, Inc. et al v. Amphastar Pharmaceuticals, Inc. et al
| Momenta Pharmaceuticals, Inc. and Sandoz Inc. |
| Amphastar Pharmaceuticals, Inc., International Medication Systems, Ltd., Watson Pharmaceuticals, Inc. and Watson Pharma, Inc. |
| 1:2011cv11681 |
| September 21, 2011 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Nathaniel M. Gorton |
| Patent |
| 15 U.S.C. ยง 1126 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
1148
Judge Nathaniel M. Gorton: ENDORSED ORDER entered MOTION ALLOWED 1140 Motion Entry of Final Judgment. (Franklin, Yvonne)
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Filing
1139
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER. In accordance with the foregoing, Amphastar's motion for judgment that the equitable defenses of waiver and estoppel apply is, with respect to the 15-25% procedures, ALLOWED but, with respect to the DBB procedure, DENIED. So Ordered.(Franklin, Yvonne)
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Filing
1079
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERIn accordance with the foregoing, plaintiffs motion for judgment as a matter of law (Docket No. 1069) is, with respect to the defenses based upon patent eligible subject matter and indefiniteness, ALLOWED but otherwise DENIED without prejudice. So ordered.(Caruso, Stephanie)
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Filing
1034
Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying 909 Motion in Limine; denying 929 Motion in Limine; denying 934 Motion in Limine See attached Order. (Caruso, Stephanie)
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Filing
1009
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERIn accordance with the foregoing, the evidence relative to the equitable defenses will be admissible at the impending jury trial. So ordered.(Caruso, Stephanie)
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Filing
898
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERIn accordance with the foregoing, defendants motion for summary judgment (Docket No. 823) and plaintiffs motions for summary judgment and for a separate hearing (Docket Nos. 817, 819) are DENIED.(Caruso, Stephanie)
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Filing
813
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 769 Order on Defendants' Motion for Leave to Amend Non-Infringement and Invalidity Contentions. "Accordingly, the Electronic Order is rejected with respect to the conclusion of the Magistrate Judge that defendants may not amend their preliminary infringement contentions (which they may now amend) but is otherwise accepted and adopted. 28 U.S.C. § 636(b)." See attached order.(Caruso, Stephanie)
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Filing
801
Judge Nathaniel M. Gorton: ENDORSED ORDER entered "Motion denied" 772 Motion to Amend Scheduling Order to Permit a Single Deposition of the U.S. Pharmacopeia (Caruso, Stephanie)
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Filing
658
Judge Nathaniel M. Gorton: ENDORSED MEMORANDUM & ORDER entered granting 624 Motion to Amend (Renewed Motion for Leave to Amend Infringement Contentions) "plaintiffs renewed motion for leave to amend its infringement contentions with respect to the DBB test (Docket No. 624) is ALLOWED. So ordered." (Caruso, Stephanie)
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Filing
620
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER re 545 BRIEF by Momenta Pharmaceuticals, Inc., Sandoz Inc. Submission for Attorneys' Fees and Costs. "For the foregoing reasons, and in consideration of plaintiffs submission for fees and costs (Docket No. 545), plaintiffs are awarded $343,863 in fees and $8,522 in costs."(Caruso, Stephanie)
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Filing
602
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER:" In accordance with the foregoing,1) Defendants' motion to enforce liability on bonds for damages arising from wrongfully-issued TRO and preliminary injunction (Docket No. [52 1]) is DENIED WITHOUT PREJUDICE; 2) Plaintiffs' motion to defer consideration of motion to enforce liability on the bonds (Docket No. 530 ) is ALLOWED; and 3) Defendants' renewed motion to enforce liability on the bonds (Docket No. 594 ) is DENIED.So ordered." (Moore, Kellyann)
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Filing
584
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, the defendants' motion for entry of final judgment (Docket No. 507 ) is, to the extent of entry of judgment at this juncture, ALLOWED, but otherwise DENIED. So ordered."(Moore, Kellyann)
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Filing
582
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, defendants' objections to the Memorandum and Order entered at Docket No. 517 are OVERRULED. So ordered."(Moore, Kellyann)
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Filing
497
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, denying 456 MOTION to Amend filed by Momenta Pharmaceuticals, Inc., Sandoz Inc., granting 346 MOTION for Summary Judgment and Judgment on the Pleadings filed by Watson Pharma, Inc., Amphastar Pharmaceuticals, Inc., Actavis, Inc., International Medication Systems, Ltd. (Patch, Christine)
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Filing
320
Judge Nathaniel M. Gorton: ORDER entered granting 292 Motion for Clarification re 289 Memorandum & ORDER (Patch, Christine)
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Filing
289
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER(Moore, Kellyann)
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Filing
140
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, 1) defendants' Motion to Dismiss the Amended Complaint or Transfer (Docket No. 100 ) is DENIED, and 2) plaintiffs' Conditional Motion for Leave to Conduct Jurisdictional Discovery if the Court Finds the Present Record Insufficient (Docket No. 67 ) is DENIED as moot. So ordered."(Moore, Kellyann)
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Filing
116
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, defendants motion to stay or dissolve the preliminary injunction pending appeal (Docket No. 96 ) is DENIED without prejudice.So ordered."(Moore, Kellyann)
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Filing
92
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, plaintiffs motion for preliminary injunction (Docket No. 18 is ALLOWED, and defendants are enjoined according to the terms of the Preliminary Injunction filed concurrently with this Order."(Moore, Kellyann)
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Filing
81
Judge Nathaniel M. Gorton: ORDER entered. re 39 ORDER. "In accordance with the foregoing, the temporary restraining order issued by this Court on October 7, 2011 (Docket No. 39) is hereby extended on the same terms for an additional seven (7) days until the close of business on Friday, October 28, 2011." Plaintiffs are directed to submit, on or before 12:00 noon Tuesday, October 25, 2011, a memorandum of law, not to exceed five pages, addressing the purported distinction between the patent terms "separation method" and "determining" discussed by defendants at oral argument and in their sur-reply memorandum (Docket No. 79). (Patch, Christine)
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Filing
60
Judge Nathaniel M. Gorton: ORDER entered granting in part and denying in part 19 Motion for Discovery (Patch, Christine)
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Filing
39
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER; 1)until the close of business on Friday, October 21, 2011, the defendants, and any entity or persons acting on their behalf, shall not advertise, offer for sale or sell in the United Sta tes any generic enoxaparin product that allegedly infringes one or more of the patents issued to Momenta Pharmaceuticals, Inc. and at issue in this case; and2)the plaintiff, pursuant to Fed. R. Civ. P. 65(c), shall, on or before the close of business on Tuesday, October 11, 2011, post a security bond in the amount of Fifty Thousand Dollars ($50,000) to secure any costs and damages that may be incurred or suffered by the defendants should it later be determined that this temporary restrainin g order was improvidently entered.After defendants have filed their responsive pleadings, a comprehensive hearing on the merits will be held on Thursday, October 20, 2011, at 11:00 a.m. in Courtroom #4, Moakley Federal Courthouse. So ordered.(Nicewicz, Craig)
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