Kroger sues drug firms over Plavix patent pact

Kroger Co. has filed a civil antitrust lawsuit against Sanofi-Aventis, Bristol-Myers Squibb, and Apotex Inc., alleging the three drugmakers have entered into an illegal settlement of a patent lawsuit involving the blood thinner, Plavix (clopidogrel). In documents filed in the U.S. District Court in the Southern District of Ohio, Kroger said the three drug firms, in settling a dispute over the patent for Plavix, agreed to keep the patent protection for the drug in place until 2011. Kroger's suit claimed that the settlement was illegal and would deprive the plaintiff and all other Plavix purchasers of the benefits of generic competition until 2011. In response, Tony Plohoros, a Bristol-Myers Squibb spokesman, told Drug Topics, "We don't comment on ongoing litigation." A spokeswoman from Apotex also said the company does not wish to comment on the suit.

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