Momenta Asks 1st Circ. To Affirm Enoxaparin Suit Immunity
Law360, Fort Wayne (December 6, 2016, 2:17 PM EST) -- Momenta Pharmaceuticals Inc. asked the First Circuit Monday to uphold a determination that the company is immune from an antitrust action by Amphastar Pharmaceuticals Inc. over anticoagulant enoxaparin, saying a federal judge correctly held the Noerr-Pennington doctrine bars the claims.
The doctrine provides that there can be no antitrust liability for injuries caused directly by a private party’s petition to the government. Such a petition was made when Momenta and Sandoz Inc. obtained a court-ordered injunction in a patent infringement suit preventing Amphastar from selling enoxaparin for three-and-a-half months, Momenta said.
Amphastar has asked the court to make an exception to...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!