Federal Jury Decides in Favor of Amphastar in Patent Infringement Dispute

On July 21, 2017, following a two-week trial, a federal jury in the District of Massachusetts returned a verdict for Amphastar Pharmaceuticals in a patent infringement suit. Wilson Sonsini Goodrich & Rosati represented Amphastar at trial.

The plaintiffs, Momenta Pharmaceuticals and Novartis AG's Sandoz unit, sued Amphastar for infringement in September 2011 in the U.S. District Court for the District of Massachusetts. At trial, the plaintiffs alleged that Amphastar's testing of its generic enoxaparin sodium drug product infringed U.S. Patent No. 7,575,886 ("the '886 patent"). Momenta and Sandoz were seeking more than $900 million in damages.

The jury returned a verdict finding that the '886 patent was invalid for lack of enablement and lack of adequate written description. The jury also found that the plaintiffs had waived their ability to enforce the '886 patent against Amphastar because of the plaintiffs' inequitable conduct before the U.S. Pharmacopeia. The jury further found that the plaintiffs were estopped from enforcing the '886 patent because of this conduct.

The WSGR team representing Amphastar in the matter included partners Michael Sommer and Doug Carsten; Of Counsel Natalie Morgan and Josh Mack; and associates Bobby Delafield, Sara Tolbert, Chao Qi, and Alina Litoshyk.