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...

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