Momenta Pharmaceuticals v. Teva Pharmaceutical

Case: 13-1580 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NOTE: This order is nonprecedential.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.
TEVA PHARMACEUTICALS USA, INC.,
Defendant-Appellee.
__________________________

2013-1580
__________________________

Appeal from the United States District Court for the
District of Massachusetts in No. 10-CV-12079, Judge
Nathaniel M. Gorton.
__________________________

ON MOTION
__________________________

Before NEWMAN, PROST, and REYNA, Circuit Judges.

REYNA, Circuit Judge.
Case: 13-1580 Document: 26 Page: 2 Filed: 11/21/2013

MOMENTA PHARMACEUTICALS v. TEVA PHARMACEUTICAL 2

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.
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.

FOR THE COURT

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