Momenta Pharmaceuticals v. Amphastar Pharmaceuticals

• Court: Court of Appeals for the Federal Circuit
• Decided: November 21, 2013
• Docket: 18-1462
• Status: Unpublished

Opinion

Case: 13-1579 Document: 26 Page: 1 Filed: 11/21/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

MOMENTA PHARMACEUTICALS, INC., Plaintiff-Appellant, AND

SANDOZ INC., Plaintiff-Appellant, v. AMPHASTAR PHARMACEUTICALS, INC., INTERNATIONAL MEDICATION SYSTEMS, LTD., ACTAVIS, INC. (formerly known as Watson Phar- maceuticals, Inc.), AND WATSON PHARMA, INC., Defendants-Appellees. __________________________

2013-1579 __________________________

Appeal from the United States District Court for the District of Massachusetts in No. 11-CV-11681, Judge Nathaniel M. Gorton. __________________________

ON MOTION __________________________

Before NEWMAN, PROST, and REYNA, Circuit Judges.

REYNA, Circuit Judge. Case: 13-1579 Document: 26 Page: 2 Filed: 11/21/2013

MOMENTA PHARMACEUTICALS v. AMPHASTAR 2 PHARMACEUTICALS ORDER Momenta Pharmaceuticals, Inc. and Sandoz Inc. (col- lectively “Momenta”) move without opposition to stay proceedings pending the district court’s entry of final judgment. We, however, consider whether the appeal must be dismissed for lack of jurisdiction. Momenta appeals a district court order granting Amphastar Pharmaceuticals, Inc. et al.’s motion for summary judgment of non-infringement. Momenta’s motion for a finding of contempt and sanctions is still pending with the district court. As Momenta itself concedes, its appeal is premature because no final judgment has issued. Pursuant to Pause Technology LLC v. TiVo Inc., 401 F.3d 1290, 1295 (Fed. Cir. 2005), this appeal is dismissed for lack of jurisdiction, subject to reinstatement under the same docket number without the payment of an additional filing fee if, within 60 days of the date of this order, the district court enters a final judgment and, within 30 days of entry of judgment, Momenta files another notice of appeal. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed for lack of jurisdiction, subject to reinstatement under the same docket number without the payment of an additional filing fee if, within 60 days of the date of this order, the district court enters final judgment and within 30 days of entry of judgment Momenta files another notice of appeal. (2) All pending motions are denied as moot. (3) Each side shall bear its own costs. Case: 13-1579 Document: 26 Page: 3 Filed: 11/21/2013

3 MOMENTA PHARMACEUTICALS V. AMPHASTAR PHARMACEUTICALS

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s26