Thursday, August 24, 2006
Drug Wars Update 7
Judge Stein has not ruled on the Bristol Myers preliminary injunction motion in the Plavix patent infringement case. I took a look at the court's docket today (Sanofi-Aventis v. Apotex, Inc., Civil Action No. 02-CV-2255 (SHS) (S.D.N.Y.) I surprised to find that the National Association of Chain Drug Stores had filed an amicus brief in opposition to the preliminary injunction motion. The brief argues that Bristol Myers lacks the "clean hands" necessary to obtain such equitable relief and that chain drug stores and their customers would be harmed by the entry of a preliminary injunction that would cause Plavix prices to jump.