For 3 weeks of Aug’06, Apotex flooded the US market with generic versions of Plavix before being blocked by an injunction. It generated USD 884m revenues from this “at risk” launch. In 2007, it lost the patent challenge litigation. It was willing to pay 40% of revenues as damages with the plea on that Sanofi would launch an “authorized generic (AG)” by cutting the price of its brand. This was disregarded by the US Lower Court of New York on Tuesday and it is being asked to pay 50% (USD 442m) and cumulative interest costs from Aug’06. We believe that this sets the precedence of having to pay for damages for an “at-risk” launch.
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