As we have previously reported, Momenta appealed a PTAB decision upholding the patentability of BMS’s U.S. Patent No. 8,476,239, relating to BMS’s ORENCIA® (abatacept) product. On October 1, 2018, Momenta informed the Court of a press release stating that it “has initiated discussions with its collaboration partner, Mylan, to exit its participation in the development of . . . M834, a proposed biosimilar of ORENCIA®.”  On October 3, 2018, BMS filed a response citing Momenta’s press release as confirmation of “Momenta’s lack of Article III standing.”

Yesterday, the Federal Circuit ordered Momenta to show cause why the appeal should not be dismissed as moot. Momenta’s response is due by November 2, 2018 and BMS’s response is due ten days after Momenta’s response.