Fitzpatrick Obtains $442 million Damages Award in Patent Suit
On October 19, 2010 Judge Sidney Stein (S.D.N.Y.) awarded the makers of Plavix® — Sanofi-Aventis, Bristol-Myers Squibb and their Partnership — more than $442 million in damages from Apotex and more than $100 million dollars in prejudgment interest. The award, one of the largest monetary awards in patent litigation history, is compensation for Apotex’s at-risk launch of a generic Plavix® product containing the active ingredient clopidogrel bisulfate. Following that launch in August 2006, the firm was successful in obtaining a preliminary injunction against Apotex, a decision that was affirmed by the Court of Appeals for the Federal Circuit. The firm was subsequently successful in obtaining a permanent injunction against Apotex, following a bench trial before Judge Stein. That decision also was affirmed by the Federal Circuit. The Firm also was successful in defeating two requests by Apotex for reexamination of the patent-in-suit before the United States Patent and Trademark Office.
The team was led by Fitzpatrick partners Robert L. Baechtold, John D. Murnane and William E. Solander with associates Michael Enzo Furrow, Joanna Garelick Goldstein and Steven S. Kim.