PARIS, NEW YORK and TORONTO, June 25 LAWFUEL – Press Release Service – Sanofi- aventis (Paris Bourse: EURONEXT: SAN; and New York: NYSE: SNY) and Bristol- Myers Squibb (NYSE: BMY) (the”companies”) and Apotex Inc. and Apotex Corp.
(“Apotex”) today announced that in response to concerns raised by the
Federal Trade Commission (“FTC”) and state attorneys general to the
previously announced proposed settlement the companies reached with Apotex relating to patent infringement litigation on Plavix(R) (clopidogrel bisulfate), the companies and Apotex have amended the agreement. Review of the modified agreement by the FTC and state attorneys general continues.
Among other revisions, under the terms of the modified agreement,
Apotex’s license to manufacture and sell its FDA approved clopidogrel
bisulfate product in the United States would be effective on June 1, 2011, rather than September 17, 2011, as disclosed in the press release issued by the companies on March 21, 2006.
There is no assurance that the revised agreement will address all of
the concerns of the FTC and state attorneys general and there remains a
significant risk that antitrust clearance will not be obtained.
Sanofi-aventis is the world’s third largest pharmaceutical company,
ranking number one in Europe. Backed by a world-class R&D organization,
sanofi-aventis is developing leading positions in seven major therapeutic
areas: cardiovascular, thrombosis, oncology, metabolic diseases, central
nervous system, internal medicine, and vaccines.
About Bristol-Myers Squibb
Bristol-Myers Squibb is a global pharmaceutical and related health care company whose mission is to extend and enhance human life.
Apotex Corp. is the U.S. subsidiary of Apotex Inc., the largest
Canadian- owned manufacturer of prescription drugs. Through its sales and
marketing headquarters in Weston, Florida and operations center in
Indianapolis, Apotex Corp. is committed to providing safe and affordable
generic medicines. Products manufactured and marketed by the Apotex Group
are sold in 115 countries around the world.
Statements on Cautionary Factors
This press release contains forward-looking statements as defined in
the Private Securities Litigation Reform Act of 1995. Forward-looking
statements are statements that are not historical facts. These statements
include financial projections and estimates and their underlying
assumptions, statements regarding plans, objectives and expectations with
respect to future operations, products and services, and statements
regarding future performance. Forward-looking statements are generally
identified by the words “expect,” “anticipates,” “believes,” “intends,”
“estimates,” “plans” and similar expressions. Although sanofi-aventis’
management believes that the expectations reflected in such forward-looking statements are reasonable, investors are cautioned that forward-looking information and statements are subject to various risks and uncertainties, many of which are difficult to predict and generally beyond the control of sanofi-aventis, that could cause actual results and developments to differ materially from those expressed in, or implied or projected by, the
forward-looking information and statements. These factors include, among
other things, the likelihood of obtaining the required antitrust clearance for any modified agreement, the risk of a third party obtaining a decision of invalidity or unenforceability of the ‘265 patent notwithstanding
finalization of any modified settlement agreement, and satisfying the other conditions to any modified agreement, and if such conditions are not
satisfied, the outcome of the Apotex lawsuit. These risks and uncertainties include those discussed or identified in the public filings with the SEC and the AMF made by sanofi-aventis, including those listed under “Risk
Factors” and “Cautionary Statement Regarding Forward-Looking Statements” in sanofi-aventis’ annual report on Form 20-F for the year ended December 31, 2005. Other than as required by applicable law, sanofi-aventis does not undertake any obligation to update or revise any forward-looking
information or statements.
This press release contains certain forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of 1995
regarding, among other things, statements relating to goals, plans and
projections regarding Bristol-Myers Squibb’s future operating performance.
Such forward- looking statements are based on current expectations and
involve inherent risks and uncertainties, including factors that could
delay, divert or change any of them, and could cause actual outcomes and
results to differ materially from current expectations. These factors
include, the likelihood of obtaining the required antitrust clearance for
any modified agreement, the risk of a third party obtaining a decision of
invalidity or unenforceability of the ‘265 patent notwithstanding
finalization of any modified settlement agreement, and satisfying the other conditions to any modified agreement, and if such conditions are not satisfied, the outcome of the Apotex lawsuit.
For further details and a
discussion of these and other risks and uncertainties, see Bristol-Myers
Squibb’s periodic reports, including current reports on Form 8- K,
quarterly reports on Form 10-Q and those listed under “Risk Factors” and
“Cautionary Statement Regarding Forward-Looking Statements” in the annual
report on Form 10-K for the year ended December 31, 2005, furnished to and filed with the Securities and Exchange Commission. Bristol-Myers Squibb
undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise.