plavixLast Friday the USPTO issued a Notice of Intent to Issue a Reexamination Certificate (NIRC) for U.S. Patent 4,847,265, directed to the well known blood thinner Plavix.®  The Plavix Patent was challenged by Apotex Inc, a Canadian manufacturer of a generic version of the drug.  

Apotex was unsuccessful in their challenge of the patent in district court, resulting in a court injunction against Apotex’s sale of a generic Plavix until after the patent expires. The reexamination was an attempt to dislodge the injunction prior to expiration of the patent. As a result of the successfully concluded reexamination, it appears Apotex will just have to wait for expiration (2012).