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NOTE: This order is nonprecedential.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