Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc.

ORDER (1) GRANTING DEFENDANT AMPHASTAR PHARMACEUTICALS, INC.’S MOTION FOR SUMMARY JUDGMENT FOR INEQUITABLE CONDUCT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 56; (2) DENYING AS MOOT DEFENDANT AMPHAS-TAR PHARMACEUTICALS, INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY BASED ON INDEFINITENESS; AND (3) DENYING AS MOOT DEFENDANT AMPHASTAR PHARMACEUTICALS, INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY BASED ON 35 U.S.C. § 102 .

The court, Judge Robert J. Timlin, has read and considered defendant Amphastar Pharmaceuticals, Inc. (“Amphastar”)’s motion for summary judgment for inequitable conduct pursuant to Federal Rules of Civil Procedure, Rule 56 (“Rule 56”), plaintiffs Aventis Pharma S.A. and Aventis Pharmaceuticals Inc. (collectively, “Aventis”)’ opposition, and Amphastar’s reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

Aventis is a pharmaceutical company that manufactures Lovenox. Lovenox is a blood thinner that inhibits the formation of certain venous blood clots called thromboses. Lovenox is derived from heparin. Heparin is a mixture of long polysaccharide molecules obtained from the internal organs of animals such as pigs and…