Law360, New York (July 28, 2009) -- Generic-drug maker Apotex Inc. has asked the U.S. Supreme Court to weigh in on its patent dispute with Bristol-Myers Squibb Co. and Sanofi-Aventis, makers of the blockbuster blood-thinning drug Plavix, saying substances produced by “obvious to try” experiments should not be patentable.
Contradictory rulings from the U.S. Court of Appeals for the Federal Circuit have muddled the issue and made questions of patentability difficult to answer for generic and brand-name pharmaceutical companies...
