Decision

Apotex Inc. v Sanofi-Aventis, 2010 FC 1282 (Clopidogrel*)

Justice Boivin - 2010-12-14

Read full decision. Automatically generated summary:

Apotex Inc. commenced action T-644-09 (the impeachment action) by its Statement of Claim dated April 22, 2009, seeking a declaration that the product it intends to manufacture and sell in Canada, made with clopidogrel bisulfate and/or clopidogrel besylate, will not infringe Sanofi-Aventis’ Canadian Patent 1,336,777 (the ’777 patent), and further seeking a declaration that the said patent is invalid. One month later, Sanofi-Aventis and Bristol-Myers Squibb Sanofi Pharmaceutical Holdings Partnership (jointly “Sanofi”) sued Apotex Inc. and Apotex Pharmachem Inc. (jointly “Apotex”) in file T-933-09 (the infringement action) alleging that Apotex is already manufacturing and exporting for sale in various countries a clopidogrel bisulfate product, thereby infringing the ’777 patent.

Decision relates to:

  • T-644-09 - APOTEX INC. v. SANOFI-AVENTIS ET AL
  • T-933-09 - SANOFI-AVENTIS AND OTHER v. APOTEX INC. AND OTHERS

 

Canadian Intellectual Property