Sanofi-Aventis v. Apotex, No. 11-1048 (Fed. Cir. 2011)
Annotate this CaseIn the first appeal in a case regarding clopidogrel bisulfate tablets, sold by plaintiff under the brand name Plavix®, the Federal Circuit affirmed the district court's grant of a preliminary injunction concerning defendants' generic product. In the second appeal, the court affirmed a judgment that the patent-in-suit is not invalid, was infringed, and not unenforceable. The district court then awarded prejudgment interest and denied defendants' motion for leave to file a supplemental answer, affirmative defenses, and counterclaims pleading patent misuse and breach of contract. The Federal Circuit reversed in part. The district court erred by awarding prejudgment interest in addition to actual damages specified in a settlement agreement. The court affirmed the district court’s holding that defendant is jointly and severally liable for all damages and denial of defendant's motion.
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