Antitrust Claims Against Bristol-Myers and Sanofi-Aventis Dismissed in Plavix® Litigation

On January 31, 2011, the United States District Court for the Southern District of Ohio granted a motion to dismiss antitrust claims brought against Cravath clients Bristol-Myers Squibb Company and Sanofi-Aventis. Direct and indirect purchasers of Plavix® filed purported class actions in the Southern District of Ohio. All plaintiffs alleged that patent settlement agreements involving Plavix® constituted an unlawful restraint of trade in violation of Sections 1 and 2 of the Sherman Act. The indirect purchasers also alleged violations of various state antitrust and consumer protection statutes as well as unjust enrichment. The court granted Cravath’s motion to dismiss the indirect purchasers’ claims in their entirety. The direct purchaser cases were previously dismissed. Cravath partner Richard J. Stark argued the motions for both Bristol-Myers Squibb and Sanofi-Aventis.