In December 2010 Momenta Pharmaceuticals sued Teva Pharmaceuticals following statements by Teva that it intended to begin manufacturing generic enoxaparin. Momenta moved for expedited discovery claiming that such discovery was needed to determine whether Momenta should move for a preliminary injunction.
Applying a reasonableness analysis, Judge Gorton denied the request citing no risk of irreparable injury as well as Momenta’s failure to agree to Teva’s proposal for limited mutual expedited discovery.
Momenta Pharm., Inc. v. Teva Pharm. Indus. Ltd., 10-12079-NMG (D. Mass. Feb. 18, 2011)
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