Fed. Cir. (2006) and S.D.N.Y (2006)
Fitzpatrick Obtains Preliminary Injunction On Behalf of Sanofi-Aventis and Bristol-Myers Squibb
On August 31, 2006, Fitzpatrick attorneys obtained a preliminary injunction on behalf of clients Sanofi-Aventis and Bristol-Myers Squibb, which requires generic drug manufacturer Apotex to stop engaging in activity which infringes the patent covering Plavix, the second-largest selling drug in the world. In granting the preliminary injunction, the Court explained that Apotex failed to raise a substantial question regarding the validity and enforceability of the Plavix patent and stated that “sanofi has clearly established a likelihood of success on the merits.” On December 8, 2006, the Court of Appeals for the Federal Circuit affirmed the preliminary injunction.