Plavix® Patent Upheld on Appeal in Infringement Suit

On December 12, 2008, the United States Court of Appeals for the Federal Circuit affirmed a 2007 ruling by the District Court for the Southern District of New York that enjoined Apotex, Inc. from selling a generic version of the antiplatelet drug PLAVIX®. Cravath represented plaintiffs Bristol-Myers Squibb and Sanofi-Aventis in this infringement action. Plavix is the second largest selling prescription drug in the world with annual sales of approximately $8 billion. The patent on Plavix is not set to expire until late 2011.

The lawyers involved were partners Evan R. Chesler, Richard J. Stark, David Greenwald, senior attorney Nina M. Dillon and associates Jennifer E. Sturiale, Steven S. Kim and Michele Connolly.