Jury win for Amphastar v Momenta in drug patent trial

Amphastar Pharmaceuticals, Inc. said a federal jury delivered a unanimous verdict in favor of Amphastar in a major lawsuit brought by Momenta Pharmaceuticals, Inc. and Sandoz Inc. in the US Court for the District of Massachusetts.

Momenta said the jury issued its verdict finding that Momenta’s patent covering methods for the manufacturing of generic Lovenox — a blood-thinner — “was infringed, but invalid and unenforceable.”

Reuters reported that the lawsuit brought by Momenta and Sandoz had sought $938 million in damages.

Amphastar said: “The jury found the claims of Momenta’s U.S. Patent No. 7,575,886 to be invalid for lack of enablement and lack of adequate written description.

“The jury further found that the plaintiffs had waived their ability to enforce the patent because of plaintiffs’ conduct before the U.S. Pharmacopeia (USP) …”

Amphastar CEO Jack Zhang said: “We have always believed that the facts and the law do not support the plaintiffs’ baseless allegations and we are very pleased that justice has prevailed.”

Momenta CEO Craig Wheeler 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.

“We continue to believe in the importance of investing in innovative techniques for bringing products to market and protecting those innovations from unauthorized use.”