Fed. Cir. (2008)
Federal Circuit Upholds Validity of Plavix® Patent for Clients sanofi-Aventis and Bristol-Myers Squibb
On December 12, 2008 in a case in which Sanofi-Aventis and Bristol-Myers Squibb were represented by attorneys from Fitzpatrick and Cravath, Swaine & Moore, a panel of the Federal Circuit composed of Judges Newman, Lourie, and Bryson affirmed Judge Stein’s June 19, 2007 decision upholding the validity of the patent covering Plavix® (clopidogrel bisulfate), one of the world’s best-selling prescription drugs.
In August 2006, Judge Stein preliminarily enjoined Apotex from selling generic clopidogrel bisulfate, and the Federal Circuit upheld that injunction on December 10, 2006. Following a four-week bench trial, Judge Stein issued his June 19 ruling in which he credited the testimony of sanofi witnesses and concluded that “Apotex has failed to prove by clear and convincing evidence that the [Plavix®] patent is invalid or unenforceable and sanofi is entitled to a permanent injunction prohibiting Apotex from further infringement.”
The appeal was handled by Fitzpatrick partners Robert L. Baechtold, William E. Solander, and John D. Murnane.