Momenta, Sandoz Ask Justices To Clarify Safe Harbor Rule

Law360, New York (March 1, 2013, 7:15 PM EST) -- Momenta Pharmaceuticals Inc. and Sandoz Inc. have urged the U.S. Supreme Court to review a ruling that lifted an injunction blocking sales of a generic version of blood thinner Lovenox and to clarify the scope of the Hatch-Waxman Act's safe harbor provision.

The companies' Feb. 15 petition for writ of certiorari said a Federal Circuit panel's 2-1 decision from Aug. 3, which nixed the injunction blocking Amphastar Pharmaceuticals Inc. and its distributor Watson Pharmaceuticals Inc. from selling generic Lovenox, adopted an interpretation of the safe harbor...
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