Full Federal Court strikes down patent for clopidogrel

The Full Federal Court has confirmed that Sanofi-Aventis’ patent for the drug clopidogrel (brand name Plavix) is invalid and should be revoked.  Subject to the question of whether Sanofi will seek a stay pending an application for leave to appeal to the High Court, the decision clears the way for Apotex and other companies to launch their own brands of clopidogrel, a drug designed to prevent platelet aggregation and blood clots, to compete directly with Sanofi.

Our analysis of the Full Court’s decision can be found here.



About the Author

James Ellsmore
James is a senior associate with King & Wood Mallesons' Intellectual Property team in Sydney. James assists clients to resolve intellectual property disputes, with a particular focus on patents, pharmaceuticals and the life sciences. He has acted for a variety of clients in matters concerning patent infringement and revocation proceedings in the Federal Court of Australia, patent opposition proceedings before the Commissioner of Patents, and matters arising from patent licence and technology agreements. James also has experience in the preparation of commercial, R&D and IP agreements for leading universities, research organisations and pharmaceutical companies. He also advises clients on regulatory issues affecting clients in the industrials, consumer and health sectors.
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