Antitrust & Intellectual Property

Lovenox

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

Settlements Announced December 2019

The parties in the Lovenox/Enox blood clot drug antitrust lawsuit have announced settlements valued at $120 million in the class action lawsuit brought on behalf of thousands of buyers of generic Lovenox (enoxaparin) that accused Momenta Pharmaceuticals and Sandoz Pharmaceuticals of illegally conspiring to prevent other drug companies from competing in the sale of enoxaparin. 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.

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 proposed 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.

Plaintiffs filed an amended complaint in December 2017. Trial had been slated for January 2020.