Apotex patent lawsuit fails to get antitrust clearance

Sanofi Aventis and Bristol-Myers Squibb have failed to receive antitrust clearance in their patent infringement lawsuit with Apotex.

The two pharmaceutical companies had filed patent infringement claims against three other generic firms over clopidogrel bisulfate, the ‘265 patent, a medicide manufactured under the name of PLAVIX.

However, the attorney general of the southern district of New York has not granted antitrust clearance to settle the dispute, after the companies involved had reached an agreement on the issue.

The companies had originally announced a settlement in March this year, although they stated that there was a significant risk that antitrust clearance would not be obtained. The Federal Trade Commission also needs to approve the agreement in order for it to come into effect.

A new trial date for the litigation between the two firms and Apotex has not yet been set, as proceedings have been suspended due to a possible finalisation of the proposed settlement.

Sanofi Aventis, the third largest pharmaceutical company in the world, along with Bristol-Myers Squibb, could be made to pay a reimbursement to Apotex for some of the clopidogrel bisulfate products. The two companies stated that they both intended to “vigorously pursue” enforcement of their patent rights in PLAVIX.

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