BMS, Sanofi-Aventis Prevail in Plavix Suit

Jun 19, 02:28 PM

Current Headlines: Bristol-Myers Squibb and Sanofi-aventis said Tuesday they have successfully defended their U.S. patent on blood-thinner Plavix against Apotex.

The companies said the U.S. District Court for the Southern District of New York has upheld the validity of the patent covering Plavix's active ingredient clopidogrel bisulfate against generic firm Apotex's challenge.

The court's ruling means the Plavix patent's life will run through November 2011, keeping would-be generic rivals for the time being off the market with cheaper versions of the blockbuster brand drug.

The court further held that Apotex's generic Plavix infringes Sanofi-aventis' patent.

Despite the ruling, Apotex said it remains unwavering in its belief that the Plavix patent is invalid and unenforceable, reports said Tuesday.

Sanofi-aventis and Bristol-Myers Squibb struck a licensing deal with Apotex in the spring of 2006 that granted to Apotex a royalty-bearing license to make and sell Plavix in the United States, in return for Apotex agreeing not to sell the generic drug in the United States until the Plavix patent expires in 2011.

In September of last year, the two Plavix makers won a preliminary injunction in the same court against Apotex, stopping the generic firm from selling its product pending the court's final decision on the patent.