World’s Second Biggest Selling Drug Survives Revocation Suit

Apotex Pty Ltd (formerly GenRx Pty Ltd) v Sanofi-Aventis [2008] FCA 1194, handed down on Tuesday, determined a validity challenge to the Sanofi-Aventis patent covering the drug Clopidogrel, marketed as Plavix, the second highest selling pharmaceutical worldwide.

While claims 1, 10 and 11 were found lacking novelty and claims 6 to 9 lacking inventive step, claim 3, which would be infringed by Apotex proposed sale of generic Clopidogrel in Australia, was held to be valid.