Sanofi-Aventis and Bristol-Myers Squibb Win Summary Judgment in Plavix® Litigation

On October 19, 2010, Judge Sidney Stein of the Southern District of New York issued an Opinion and Order granting the motion by Sanofi-Aventis and Bristol-Myers Squibb Company for summary judgment on damages against Apotex in the long-running patent infringement litigation on the drug Plavix®, the world’s second-largest-selling prescription drug. Cravath has represented the plaintiffs, Sanofi-Aventis and Bristol-Myers Squibb, since the commencement of the case in 2002. Today’s decision rejects a number of last-minute arguments by Apotex, grants plaintiffs’ motion for summary judgment as to damages and directs the entry of a final judgment in favor of Cravath’s clients of more than $550 million, including prejudgment interest.

After a four-week bench trial in early 2007, a judgment of liability was entered against Apotex in June 2007. The Federal Circuit affirmed the liability decision on December 12, 2008, and the U.S. Supreme Court denied certiorari on November 2, 2009.

The Cravath team included partners Evan R. Chesler, Richard J. Stark and David Greenwald and associate Jisun Park.