Gleiss Lutz has successfully represented ratiopharm GmbH, Merckle GmbH and AbZ-Pharma GmbH against legal action taken by Sanofi-Aventis S.A. in a series of patent disputes before the Düsseldorf infringement courts and the Federal Patents Court. Sanofi-Aventis had attempted to prevent generic competion for Plavix®, which contains the active ingredient Clopidogrel.
Sales in the German market for Clopidogrel totalled EUR 310 million over the past twelve months. Clopidogrel is used in the prevention and treatment of heart attacks, strokes and other arterial diseases.
Sanofi-Aventis initially motioned for an injunction against ratiopharm and Merckle for alleged infringement of a “synthesis patent” protecting a manufacturing method for Clopidogrel. The Düsseldorf District Court dismissed the motion in August 2009. In July 2010 Sanofi-Aventis withdrew a parallel infringement action on the merits pending before the Düsseldorf District Court.
In a further series of litigation Sanofi-Aventis motioned for an injunction against ratiopharm and AbZ-Pharma for alleged infringement of an “indication patent” protecting the administration of Clopidogrel in combination with Aspirin. This motion was also dismissed by the Düsseldorf District Court. Furthermore in a nullity action brought by ratiopharm the Federal Patents Court declared the indication patent invalid on July 27, 2010. The judgment is not yet res judicata.
Dr. Thomas Bopp (partner) and Dr. Henrik Holzapfel (both patents, Düsseldorf) advised ratiopharm, Merckle and AbZ-Pharma. Gleiss Lutz regularly represents these clients in major proceedings.
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