Posted by Michael Wonder on 29 Jun 2023
Commonwealth loses appeal in clopidogrel PBS damages undertaking case: important lessons for patentees and generics alike
27 June 2023 -Â Commonwealth claims on the damages undertaking remain a live issue for patentees and generics to consider.
The Full Federal Court has dismissed the Commonwealth's appeal, and confirmed the dismissal of the Commonwealth's $325 million damages claim against Sanofi, for PBS cost savings it says it would have made, but for a preliminary injunction that prevented generic pharmaceutical company, Apotex, from launching its own clopidogrel products.
