Fed. Circ. Lifts Sales Ban On Generic Lovenox

Law360, New York (August 3, 2012, 7:57 PM EDT) -- The Federal Circuit on Friday overturned an injunction blocking Amphastar Pharmaceuticals Inc. and Watson Pharmaceuticals Inc. from selling a generic version of the blood thinner Lovenox after finding that the companies did not likely infringe a Momenta Pharmaceuticals Inc. patent.

In a 2-1 ruling, the Federal Circuit lifted the sales ban, ruling that a lower court had too narrowly applied the Hatch-Waxman Act's safe harbor provision — which allows drug companies to engage in potentially infringing behavior if necessary for regulatory approval — when it found...
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