The patent at issue was BMS’s U.S. 5,206,244. The Federal Circuit decision focuses on claim 8, which recites the following compound: [1S-(1a,3 a,4ß)]-2-amino-1,9-dihydro-9-[4-hydroxy-3 ...

BMS has argued that the Federal Circuit should dismiss Momenta’s appeal for lack of standing because Momenta does not market a product within the purview of the patent claims and is years away ...