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.
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