District Court Holds That 271(e)(1) Safe Harbor Protects Post-Filing Activities

A Massachusetts district court has granted summary judgment in favor of defendants Amphastar and Teva in a suit over a quality-control method patent for manufacture of the anticoagulant enoxaparin. The two related suits were filed by plaintiff Momenta Pharmaceuticals, the first generic manufacturer of enoxaparin.  Momenta Pharm., Inc. v. Amphastar Pharm., Inc., No. 11-11681 (D.…