Antitrust & Intellectual Property

Lovenox / Enoxaparin (Enox)

Nashville General v. Momenta Pharmaceuticals, et al., No. 3:15-cv-01100 (M.D. Tenn.)

Settlements Announced December 2019

In late 2019, the parties agreed to a proposed settlement totaling $120 million on behalf of uninsured consumers, hospitals, and third-party payors who overpaid for Lovenox or generic enoxaparin from September 2011 through September 2015.  The class will include thousands of hospitals, uninsureds, and third-party buyers that indirectly bought generic enoxaparin or brand-name Lovenox across 29 states and Washington, D.C., from September of 2011 through September of 2015. The settlement was announced in January of 2020, with court approval anticipated later in 2020.

Earlier in the Case

Lieff Cabraser represents Nashville General Hospital (the Hospital Authority of Metropolitan Government of Nashville) and American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan in a class-action antitrust case against defendants Momenta Pharmaceuticals and Sandoz, Inc., for their alleged price-fixing of enoxaparin, the generic version of the anti-coagulant blood clotting drug Lovenox.

Lovenox, developed by Sanofi-Aventis, is a highly profitable drug with annual sales of more than $1 billion. The drug entered the market in 1995 and its patent was invalidated by the federal government in 2008, making generic production possible. The complaint alleges Momenta and Sandoz colluded to manipulate the process by which the federal government allows drugs to become generic in order to ensure that defendants were the only producers of generic enoxaparin, thereby restraining trade and disrupting the market at consumers’ expense.

On September 20, 2019, the court certified a class of hospitals, third-party payors, and uninsured persons that purchased enoxaparin or Lovenox in 29 states and the District of Columbia. Plaintiffs filed an amended complaint in December 2017. Trial had been slated for January 2020.