Appeals court vacates injunction in generic enoxaparin suit

The U.S. Court of Appeals for the Federal Circuit vacated a preliminary injunction sought by generic enoxaparin maker Momenta Pharmaceuticals Inc. (NASDAQ:MNTA) that would have prevented Amphastar Pharmaceuticals Inc. (Rancho Cucamonga, Calif.) from selling its own version of the anticoagulant. In its 2-1 decision, the court said Momenta is unlikely to succeed in showing that its generic enoxaparin is infringed by Amphastar's version and remanded the case back to the U.S. District Court for the District of Massachusetts. In a statement, Momenta said it is reviewing the decision and considering its options.

In January, the court issued a preliminary ruling to stay the injunction, after which Amphastar and partner Watson Pharmaceuticals Inc. (NYSE:WPI) launched their generic version of enoxaparin in the U.S. Last October, the lower court granted the injunction after Momenta sued Amphastar for alleged infringement of two of Momenta's patents covering methods for producing enoxaparin. FDA approved Momenta's generic in July 2010. The agency approved Amphastar's last September. Momenta's generic is partnered with Sandoz, the generics unit of Novartis AG (NYSE:NVS; SIX:NOVN). ...