PARIS and NEW YORK, Dec. 8 /PRNewswire-FirstCall/ -- Sanofi-aventis
(Paris Bourse: EURONEXT: SAN; and New York: NYSE: SNY) and Bristol-Myers
Squibb Company (New York: NYSE: BMY) (the "companies") announced today that
the United States Court of Appeals for the Federal Circuit has upheld the
August 31, 2006 preliminary injunction issued by the United States District
Court for the Southern District of New York. The injunction ordered Apotex
to halt its sales of a generic version of clopidogrel bisulfate that
competes with PLAVIX(R) pending the District Court's decision in the trial
on the merits. As a result of the decision of the Court of Appeals, the
preliminary injunction remains in place.
The companies believe that the Apotex generic product infringes their
intellectual property rights, which they continue to vigorously defend in
the pending patent litigation. Trial on the merits is currently scheduled
to begin on January 22, 2007.
About sanofi-aventis
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
products company whose mission is to extend and enhance human life.
Statements on Cautionary Factors
Sanofi-aventis
This press release contains forward-looking statements as defined in
the Private Securities Litigation Reform Act of 1995, as amended.
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, intentions
and expectations with respect to future events, 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 risks and uncertainties include risks that may arise from the
Department of Justice's criminal investigation on the Plavix(R) proposed
settlement with Apotex, the adverse impact of Apotex's launch and generic
product distributed into the market prior to the Court's injunction, the
potential launch of a generic clopidogrel bisulfate product by other
entities, as well as 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.
Bristol-Myers Squibb
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 the company's financial position. These statements
may be identified by the fact that they use words such as "anticipate,"
"estimates," "expect," "guidance," "project," "intend," "plan," "believe"
and other words and terms of similar meaning in connection with any
discussion of future operating or financial 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 risks and
uncertainties include the inherent unpredictability of matters in
litigation, the risks that may arise from the Department of Justice's
criminal investigation on the Plavix(R) proposed settlement with Apotex,
the adverse impact of Apotex's launch and generic product distributed into
the market prior to the Court's injunction and the potential launch of a
generic clopidogrel bisulfate product by other generic pharmaceutical
companies. For further details and a discussion of these and other risks
and uncertainties, see the company's periodic reports, including current
reports on Form 8-K, quarterly reports on Form 10-Q and the annual report
on Form 10-K, furnished to and filed with the Securities and Exchange
Commission. The company undertakes no obligation to publicly update any
forward-looking statement, whether as a result of new information, future
events or otherwise.
SOURCE Bristol-Myers Squibb; sanofi-aventis
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Related links:
http://www.bms.com
CONTACT:
Media: Jean-Marc Podvin, +33-1-53-77-42-23,
jean-marc.podvin@sanofi-aventis.com; or Investors: Sanjay Gupta,
+33-1-53-77-45-45, sanjay.gupta@sanofi-aventis.com; or Media:
Tony Plohoros, +1-908-591-2839, tony.plohoros@bms.com; or
Investors: John Elicker, +1-212-546-3775, john.elicker@bms.com
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