...Running head: Patent Games: Plavix Patent Games: Plavix Case Study Columbia Southern University – DBA 7035 Patent Games: Plavix Case Study This paper will take a close look at some of the issues surrounding Apotex in the early 2000s. This company was working increasingly hard to break into the U.S. Market with their generic version of clopidogrel bisulfate, also known as Plavix. In addition, this paper will also explore how Sanofi-Aventis and Bristol-Meyers tried to maximize on forming monopolies to wean out their competitors, but instead caused more issues for their companies and how they FTC and state attorneys could have also shown a little more control and flexibility in making this agreement work for each party. Q1. Why did Bristol-Myers Squibb and Sanofi-Aventis seek a settlement rather than let the patent infringement case go to trial? The reason why Bristol-Myers Squibb and Sanofi-Aventis decided to seek a settlement could easily be because the patent infringement could have easily costs the companies more money if it were set to go to trial. In many instances, businesses pay more money by going directly to trial than settling out of court for a better result. Baron states, “Bristol-Myers Squibb and Sanofi – Aventis also agreed to pay Apotex at least $40 million if the agreement were approved and a $60 million break – up fee if the agreement would not receive antitrust approval” (Baron, 2010, p. 407). This settlement allowed Bristol Myers and Sanofi-Aventis...
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