Momenta Pharm. sued a number of competitor drug manufacturers who were about to launch products that Momenta felt were infringing its Patent Nos. 7,575,886 and 7,790,466 directed to methods of manufacturing the drug in question. Judge Gorton issued, then extended, a TRO to prevent the use of the accused methods pending a full preliminary injunction hearing. Following preliminary discovery during this time, the claim on the ‘466 patent was dropped. A full hearing was eventually held, and an injunction on the ‘886 patent was ordered.
Judge Gorton issued a detailed memorandum walking through the various arguments (including one related to the Hatch-Waxman safe harbor). He felt that the plaintiff had met the four-factors required to get a PI, and so entered one.
Momenta Pharm., Inc. v. Amphastar Pharm., Inc., 11-11681-NMG (D. Mass. Oct. 28, 2011)
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