March 24, 2006

Bristol-Myers Squibb Company and sanofi-aventis announced earlier this week that they have reached a tentative settlement agreement with Apotex Inc. and Apotex Corp. regarding the pending Plavix® patent infringement lawsuit. The proposed settlement agreement will allow Apotex to market and sell its generic version of Plavix® (clopidogrel bisulfate, prescribed to patients with peripheral arterial disease (PAD) to reduce the risks of heart attack, stroke, and vascular death) in the United States beginning on September 17, 2011, with Apotex paying royalties to Bristol-Myers Squibb and sanofi-aventis after that date, and with Bristol-Myers Squibb and sanofi-aventis splitting an undisclosed payment to Apotex. Apotex was sued in the U.S. District Court for the Southern District of New York for the alleged infringement of U.S. Patent No. 4,847,265 (“Dextro-rotatory enantiomer of methyl alpha-5 (4,5,6,7-tetrahydro (3,2-c) thieno pyridyl) (2-chlorophenyl)-acetate and the pharmaceutical compositions containing it”), of which the validity of the patent was challenged. The license to Apotex will be exclusive with the exception of the Plavix® brand product (currently under agreement whereby sanofi-aventis manufactures the product and Bristol-Myers Squibb markets the product in the U.S.).

U.S. Patent No. 4,847,265: LINK
Bristol-Myers Squibb Press Release: LINK
Sanofi-aventis Press Release (From the Press Room): LINK
Plavix® Product Webpage: LINK


Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author

Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)