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Friday, October 07, 2011 6:31:40 AM
Momenta was the "pathfinder" or "pathsetter" for equivalence criteria for generic lovenox. There is some truth to that. Testament to that is MNTA filed ANDA 2 years later in 2005 and got approved much earlier. I am repeating what the bean counter stated in the last cc. So some of those equivalence criteria including testing for below was probably a "path" "set" by MNTA that may have been initially missing in Ampha's ANDA which explains the delay in their ANDA approval.
Take an example
EQUIVALENCE CRITERIA:
" for determining that a defined percentage of the oligosaccharidechains that make up enoxaparin include, at their reducing ends, a non-naturally occurring sugar that includes a 1,6-anhydro ring structure, whichmethod infringes the '886 patent; and(b) "
MNTA'S IP ON HOW TO PROVE THE ABOVE EQUIVALENCE CRITERIA:
"providing an enoxaparin sample that has been exhaustively digested with two or more heparin degrading enzymes; using a separation method to determine, in the enoxaparin sample that has been contacted with two or more heparin degrading enzymes, the presence of a structural signature associated with the non naturally occurring sugar associated with peak 9 of FIG. 1" "
Now another thing I would like to add is MNTA's other IP on heparin...example: Contamination control patent or Oxidation process patent...Although they are not the patents in suit now, IMO they have a good potential of getting added to this suit post discovery because I think Ampha or it's suppliers may likely be infringing on those?
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