Eileen McDermott
The US Court of Appeals for the Federal Circuit has upheld a US patent for the popular blood clot-inhibitor Plavix in another victory for branded pharmaceutical companies.
A three-judge panel last week affirmed the US District Court for the Southern District of New York's June 2007 ruling in favour of Bristol-Myers Squibb and Sanofi Aventis, which held that US patent number 4,847,265 was valid and enforceable. The '265 patent covers clopidogrel bisulfate, a blood thinner and the active ingredient in Plavix.The decision stems from the 2006 launch of a generic version of Plavix by Apotex, prompting Bristol-Myers and Sanofi to seek an injunction against future sales of the product.
Last week's judgment follows a November ruling by the Supreme Court of Canada also upholding the Plavix patent.That case marked the first time the Supreme Court has considered whether selection patents - or patents based on a limited class of compound(s) selected from a broader class covered by an existing patent - should continue to be recognised under Canada's Patent Act.
It also clarified the tests for anticipation and obviousness in Canada and was viewed as a boon for Canadian pharmaceutical companies.In a statement, Apotex said it will simultaneously pursue a rehearing and rehearing en banc.The company's CEO, Barry Sherman, said: "We believe the Appeals Court made the wrong decision and will continue fighting to bring this product back into the market place. We will pursue all options available to us in our effort to once again provide the public with a quality, affordable generic Plavix."
A statement released by Sanofi-Aventis and Bristol-Myers indicated that the patent will now be enforceable until November 2011. The companies are also seeking damages from Apotex for harm caused by the sale of the infringing generic version of Plavix in 2006. Sanofi/Bristol-Myers were represented by Cravath Swaine & Moore and Fitzpatrick Cella Harper & Scinto, while Apotex was represented by Welsh & Katz and Cohen & Pokotilow.
From:www.managingip.com
