U.S. District Judge Leonard Stark has turned down Amgen’s bid to enjoin Cipla Ltd. from selling a generic version of Amgen’s $1.3 billion a year calcium and thyroid medication, Sensipar.

Cipla’s claim that Amgen Inc. and Teva Pharmaceuticals USA Inc. engaged in a “fraudulent scheme” to restrain competition is “far from proven,” Stark ruled in a 37-page opinion made public last Friday. But he did find that a settlement Amgen previously struck with Cipla now permits Cipla to launch generic cinacalcet—albeit at risk of infringing Amgen’s 9,375,405 patent.

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