A US appeals court upheld a ruling from last year ordering Apotex to pay Bristol-Myers Squibb and Sanofi $442 million for infringing a patent on Plavix (clopidogrel). However, the court declined to make Apotex pay an additional $107.9 million in interest, as had been ordered by a district judge.
Apotex began marketing a generic version of Plavix in 2006, but was ordered by a judge to stop selling the product. The company later lost a court challenge to the main patent on the drug. In making the latest decision, the Federal Circuit said that an existing agreement that capped the amount Apotex would have to pay to no more than 50 percent of sales of the generic version of Plavix didn’t allow the court to also order prejudgment interest on the award.
The court also rejected Apotex’s argument that a trial judge should have allowed the company to pursue additional claims to challenge the 2007 patent infringement finding.
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