Apotex, Inc. lost its battle for a generic version of Bristol-Myers Squibb’s Plavix today. BMS will enjoy patent protection until at least 2011. Plavix is BMS best selling product. The patent is owned by Sanofi-Aventis, which markets the product globally. The Apotex challenge has fueled rumors of BMS/Sanofi-Aventis merger.
The decision from U.S. District Judge Sidney Stein indicated Apotex failed to prove that the patent for Plavix was invalid.
Apotex CEO Barry Sherman said that winning the case would allow the company to “billions of dollars in savings” available to consumers. According to news reports, Apotex sold it generic version for only about 15% compared to the branded version (or about $20 a month in actual savings).
In 2006, Apotex launched the product “at risk,” hoping the Plavix patent was week. It obviously wasn’t. However, last year, Judge Stein allowed Apotex to sell through the six-month supply they had already shipped to the wholesalers.
Apotex indicated it would immediately appeal to the Federal Circuit in Washington, D.C.
The decision from U.S. District Judge Sidney Stein indicated Apotex failed to prove that the patent for Plavix was invalid.
Apotex CEO Barry Sherman said that winning the case would allow the company to “billions of dollars in savings” available to consumers. According to news reports, Apotex sold it generic version for only about 15% compared to the branded version (or about $20 a month in actual savings).
In 2006, Apotex launched the product “at risk,” hoping the Plavix patent was week. It obviously wasn’t. However, last year, Judge Stein allowed Apotex to sell through the six-month supply they had already shipped to the wholesalers.
Apotex indicated it would immediately appeal to the Federal Circuit in Washington, D.C.