Jury sides with Amphastar in patent case against Momenta
Amphastar Pharmaceuticals has succeeded in a jury trial against biotech company Momenta Pharmaceuticals and Sandoz, providing Amphastar with a way out of a patent suit over a blood thinning drug.
The jury verdict was handed down on Friday, July 21, at the US District Court for the District of Massachusetts.
The jury agreed that Amphastar had proved that the patents involved in the case were unenforceable for lack of enablement and lack of written description.
Enablement is a specification on how to make and use an invention.
Momenta and Sandoz sued Amphastar in September 2011 for allegedly infringing two patents, US numbers 7,575,886 and 7,790,466, by manufacturing generic enoxaparin (a blood-thinning drug) for commercial sale using the methods claimed in the patents.
Craig Wheeler, president and CEO of Momenta, said: “We are disappointed in the jury’s verdict and believe the facts and the law do not support these findings. We are considering all available legal options to overturn the verdict, including post-trial motions and appeals.”
He added that the company continues to believe in protecting its innovations from unauthorised use.
Jack Zhang, CEO of Amphastar, said: “We have always believed that the facts and the law do not support the plaintiff’s baseless allegations and we are very pleased that justice has prevailed.”
Zhang also said that Amphastar will continue to develop and manufacture life-saving drugs.
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