French drug major Sanofi-Aventis has won its court case to prevent the over-turning of its Plavix (clopidogrel) patent in Canada, a verdict that could have wide-reaching consequences for the drug industry. Local firm Apotex had argued that the patent for Plavix was based on known research methods for already-proprietary compounds, a method of deriving market exclusivity known as "evergreening." Justice Marshall Rothstein noted that "evergreening is a legitimate concern," but that is "not a justification for an attack on the doctrine of selection patents." The court's seven-member panel unanimously upheld Sanofi's patent, which expires in 2012. Plavix has recently regained its title as the world's second best-selling drug.
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Chairman, Sanofi Aventis UK
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