Teva, Amphastar Protected By Safe Harbor In IP Suit: Judge

Law360, Los Angeles (July 19, 2013, 8:48 PM EDT) -- A Massachusetts federal judge ruled Friday that Teva Pharmaceuticals Inc. and Amphastar Pharmaceuticals Inc. cannot be held liable for patent infringement for using a patented quality-control method in the production of their generic versions of blood thinner Lovenox, saying the companies are protected by the Hatch-Waxman Act's safe harbor provision.

In a pair of related summary judgment rulings against patent holder Momenta Pharmaceuticals Inc., U.S. District Judge Nathaniel M. Gorton said any allegedly infringing activities committed by Teva and Amphastar are protected under the safe harbor, which holds that otherwise-infringing conduct is legal if it is...
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