Bristol-Myers, Sanofi Abused Plavix Patent: Apotex

Law360, New York (October 5, 2009, 3:15 PM EDT) -- Generic-drug maker Apotex Corp. has launched a new attack on Bristol-Myers Squibb Co. and Sanofi-Aventis' patent for blood-thinning drug Plavix, arguing in a new suit that it is unenforceable because Bristol-Myers and Sanofi breached a 2006 settlement with Apotex over the patent.

The suit, filed Friday in the U.S. District Court for the Southern District of Florida, accuses Bristol-Myers and Sanofi, which jointly market Plavix, of misusing U.S. Patent Number 4,847,265 in a scheme to deprive Apotex of the 180-day exclusivity period it would enjoy if...
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