Only if Apotex loses at trial next year and, even then, Apotex’s liability is limited to 50% of BMY’s lost profits rather than the 300% liability a generic company normally faces.
Other details of the Plavix case:
1. The Court ordered SNY/BMY to post a $400M bond to cover liabilities pursuant to the preliminary injunction.
2. The Plavix patent trial is now scheduled to start on 1/22/07.