CAFC again reverses the district court’s grant of summary judgment
Sanofi-aventis Group, the largest Europeon Pharmaceutical Company, is the owner of a patent titled:
Mixtures of particular LMW heparinic polysaccharides for the prophylaxis/treatment of acute thrombotic events
- Field of the Invention
The present invention relates to novel mixtures of low molecular weight (LMW) polysaccharides and, more especially, to novel mixtures of LMW heparinic polysaccharides well adopted for the prevention of venous thromboses.
The patent can be found at:
This CAFC ruling reverses a prior decision of the U.S. District Court for the Central District of California in the Group’s Lovenox® patent infringement suit against Amphastar and Teva. The U.S. District Court had previously ruled on summary judgment that the sanofi-aventis patent asserted in that suit was unenforceable. Sanofi-aventis filed an appeal of the District Court’s decision on August 1, 2005.
As a result of the Court of Appeals’ ruling, the prior District Court decision is reversed and the case will be returned to the U.S. District Court, where it will proceed on the substantive issues of the infringement, validity, and enforceability of the Lovenox® reissue patent (RE 38,743).
Sanofi-aventis welcomes this ruling and will continue to vigorously defend its intellectual property rights before the District Court. Sanofi-aventis believes that the proposed manufacture, marketing, or sale of the defendants’ generic enoxaparin sodiums would infringe its U.S. intellectual property rights.
Sanofi-aventis is the world’s third largest pharmaceutical company, ranking number one in Europe. Backed by a world-class R&D organization, sanofi-aventis is developing leading positions in seven major therapeutic areas: cardiovascular, thrombosis, oncology, metabolic diseases, central nervous system, internal medicine, and vaccines. Sanofi-aventis is listed in Paris (EURONEXT: SAN) and in New York (NYSE: SNY)
The 4 paragraphs above are from a news release at:
Deep Vein Thrombosis, or DVT, is a blood clot that can form in your legs and sometimes move to your lungs, where it could be fatal. In fact, complications from DVT blood clots contribute to more deaths each year than AIDS and breast cancer combined. And cancer and certain heart or respiratory diseases increase the risk.
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