On March 19, 2018, the United States Court for the District of
Massachusetts entered final judgment in favor of Amphastar in a patent suit related
to method for analyzing an enoxaparin.
The patent-in-suit was U.S.
Patent No. 7,575,886 assigned to Momenta Pharmaceuticals, Inc. On July 21,
2017, Jury found that Defendants Amphastar Pharmaceuticals, Inc. and
International Medication Systems, Ltd. (collectively "Amphastar")
infringe claims 6, 15, 16, 53, 54, and 62 of US’886 for use of the 15-25%
procedures and Disaccharide Building Block ("DBB") procedure. But
jury also found that patent is invalid because the claims are not
enabled and lack written description.
The Court then entered a Memorandum and Order on Feb. 7, 2018 ruling
on Amphastar's equitable defenses. The Court’s Order specified that Momenta
waived its right & equitably estopped to enforce the '886 patent
against Amphastar for use of its 15-25% procedures; but it did not waive its
right to enforce & is not equitably estopped from enforcing the '886 patent
against Amphastar for use of its DBB procedure. After that under Rule 58(d),
Amphastar respectfully requested that the Court to enter the proposed final judgment.
In an another suit, on March 20, 2018, the District Court also denied
Momenta’s and Sandoz’s motion to dismiss Amphastar’s antitrust lawsuit relating to Momenta’s and Sandoz’s anticompetitive
conduct before the USP and the District Court provided a schedule for the
antitrust lawsuit with a jury trial set for September 9, 2019.
No comments:
Post a Comment