Plavix Court Fight Continues

For the first half of 2006, Bristol-Myers said Plavix sales grew by 20% to $2.13 billion, including a 23% gain to $1.84 billion in the U.S. Sanofi-Aventis said its Plavix revenue advanced 16% to $1.43 billion.

The companies say the key Plavix patent in the U.S. should remain in force until late 2011, but Apotex says the patent is invalid and unenforceable. In January, Apotex received clearance from the Food and Drug Administration to sell generic Plavix, but the company didn't act immediately because the patent-infringement suit was pending.

Last March, the sides signed a tentative agreement in which Apotex said it wouldn't sell generic Plavix until September 2011. The deal was later amended to set the deadline back to June 2011. In return, Apotex received a number of considerations, including a payment of up to $40 million to cover unused inventory.

The deal required approval by both the Federal Trade Commission and states' attorneys general. In late July, the attorneys general rejected the agreement, after which Apotex told the brand-name companies it would start selling the generic drug.