Apotex Inc. v. Sanofi-Aventis, 2011 FC 1486 (Clopidogrel*)
Justice Boivin - 2011-12-06
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This case concerns the drug clopidogrel bisulfate, sold in Canada under the brand name Plavix and commercialized as an anticoagulant that inhibits platelet aggregation activity in the blood. Plavix is the subject of Canadian Patent No. 1,336,777 (the ‘777 Patent) issued on August 22, 1995. The ‘777 Patent is a selection patent held by Sanofi-Aventis. At the heart of this case lies the issue of the validity of the ‘777 Patent. Sanofi submits that the ‘777 Patent is valid and that it has been infringed by Apotex who manufactures and sells generic clopidogrel. Apotex, on the other hand, submits that the ‘777 Patent is invalid and that there has accordingly been no infringement.