The decision, first reported by Bloomberg, is the latest setback for Apotex in the long-running litigation. In 2006, Judge Stein granted Sanofi and BMS’s motion for a preliminary injunction, thereby barring Apotex’s sale of its generic version of the blood thinner. Then in 2007, after a five-week bench trial, Judge Stein ruled that the Plavix patent was valid and enforceable and that Apotex had infringed it. At the 2007 trial, BMS and Sanofi were represented by a team from Cravath, Swaine & Moore–including Evan Chesler, David Greenwald, and Richard Stark–and a team from Fitzpatrick, Cella, Harper & Scinto, including Robert Baechtold. The trial team for Apotex included lawyers from Caesar, Rivise, Bernstein, Cohen & Pokotilow; Katten Muchin Rosenman; and Langer Grogan & Diver.
Judge Stein’s trial findings were affirmed by the U.S. Court of Appeals for the Federal Circuit in December 2008. Our colleague Joe Mullin of Corporate Counsel predicted that if Apotex lost the appeal, it would “likely be hit with damages.” Got that right!
