Sanofi-aventis, Bristol-Myers Squibb File for Preliminary Injunction in US Over Apotex's Generic Plavix
by Marie-Eve Laforte -- August 14, 2006

Sanofi-aventis and Bristol-Myers Squibb filed for a preliminary injunction in a US district court on Monday, seeking to stop Apotex from selling its generic version of Plavix (clopidogrel) in the country. The court scheduled a hearing on the motion for August 18.

"Sanofi and Bristol-Myers continue to believe that the Apotex generic product infringes their intellectual property rights, which are currently the subject of the pending patent litigation. The companies intend to continue to vigorously defend their patent rights against infringement," the drugmakers said in a statement. Bristol-Myers and Sanofi also cautioned that there is "no assurance" the motion will be granted.

Apotex launched its version of the drug last week, after a proposed settlement with Bristol-Myers and sanofi that would have delayed the entry of Apotex's generic product until 2011 failed to receive US regulatory clearance in late July.

In a recent research report, Credit Suisse analyst Catherine Arnold suggested that "a preliminary injunction rejection would likely lead to a dividend cut [by Bristol-Myers]," The Street reports. Nonetheless, she added that her firm still believes "the Plavix patent case for Bristol-Myers and sanofi is strong. Bristol-Myers should have a reasonable chance of success on the merits and the likelihood of irreparable harm by Apotex's entry," Arnold noted.

Plavix had global sales of about $5.9 billion last year.

Reference Articles