Apotex Appeal On Plavix Preliminary Injunction Ruling To Begin Oct. 31
This article was originally published in The Pink Sheet Daily
Executive Summary
Appeals court denies Apotex' motion to stay a preliminary injunction blocking sales of generic clopidogrel.
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A Manhattan federal appeals court has set an expedited schedule for Apotex' appeal of a preliminary injunction blocking sales of generic Plavix (clopidogrel). Oral arguments in the case pitting Apotex against Sanofi-Aventis and Bristol-Myers Squibb are scheduled to begin Oct. 31. The court denied a motion by Apotex to stay the preliminary injunction pending its appeal Sept. 21. Apotex launched generic clopidogrel in August, flooding the market with several months of inventory. Sanofi/Bristol countered by filing a motion for a preliminary injunction, which was granted, although a requested recall of product already on the market was not ordered (1 (Also see "Plavix Patent Infringement Trial Set For Jan. 22" - Pink Sheet, 1 Sep, 2006.)). A trial in the pending patent infringement case is scheduled to begin Jan. 22. [Publisher's Note: F-D-C Reports is hosting an audio conference on October 12, 2006, entitled "Patentbusters: The Uncertain Future of Branded and Generic Drugs in the Wake o f Plavix and Apotex." For more details please visit: 2 http://www.fdcreports.com/audio/.] -Jessica Merrill ([email protected]) |