Sanofi-Aventis is contesting the case with drugmakers Teva and Amphastar, which want to produce and sell cheaper generic versions of the drug.
Although the decision of the appeals court protects the French pharmaceutical company’s patent on the drug for now, the case will now be returned to the district court where the patent will continue to be contestested on different grounds.
“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 US intellectual property rights,” the company said in a statement.
Lovenox, a blockbuster drug for Sanofi-Aventis, is used to protect against the risk of deep vein thrombosis. Over 100 million people worldwide have been treated with the drug.