Appeals Court Affirms Plavix® Patent

Weston, FL (December 12, 2008) - Apotex Corp. announced today that the U.S. Court of Appeals for the Federal Circuit (CAFC) in the case of Bristol Myers Squib/Sanofi v. Apotex, Inc. has found that U.S. Patent 4,847,265 (the '265 patent) covering Plavix® is valid and enforceable. The ruling upholds the U.S. District Court for the Southern District of New York's June 2007 decision regarding the '265 patent. The '265 patent covers clopidogrel bisulfate, the active ingredient in Plavix®.

Apotex will simultaneously pursue a rehearing/rehearing en banc of today's decision. If the Court grants a rehearing, the case would be review by the same three judge CAFC panel that ruled today. If the Court grants a rehearing en banc, the case would be reviewed by the entire appeals court and all its members.

Apotex Chief Executive Officer Dr. Barry Sherman said, "We believe the Appeals Court made the wrong decision and will continue fighting to bring this product back into the market place. We will pursue all options available to us in our effort to once again provide the public with a quality, affordable generic Plavix®."

Apotex launched its generic Plavix® on August 8, 2006. On August 31, 2006 the U.S. District Court for the Southern District of New York granted BMS/Sanofi's motion for an injunction against Apotex, halting any further sales of the product. The August 8, 2006 launch followed the rejection of a revised settlement between Apotex and BMS/Sanofi by a group of states' attorneys general a week earlier. Apotex and BMS had reached an earlier settlement in March of 2006 but BMS withdrew it from consideration after regulators expressed initial concern about some of its provisions. Under the terms of the settlement, Apotex was entitled to launch the product if either the states' attorneys general or Federal Trade Commission rejected the settlement.

The District Court peened any litigation over damages Apotex may be liable for as a result of having lost the case after introducing generic Plavix® into the market pending the decision of the Appeals Court. Should Apotex's petition for a rehearing/rehearing en banc be rejected, the damages litigation will proceed.

The Apotex Group manufactures more than 200 different high-quality generic pharmaceuticals, used by millions of patients worldwide. Its product line includes oral solids, liquids, injectables, nasal sprays, opthalmics, and inhalation solutions.

Plavix® is a registered trademark of Sanofi Aventis.

Apotex Corp. is the US Company that markets the product of Apotex, Inc., the largest Canadian-owned manufacturer of prescription drugs. Through its sales and marketing headquarters in Weston, Florida and operations center in Indianapolis, Apotex Corp. is committed to providing safe and affordable generic medicines. Products manufactured by Apotex Inc. and marketed by the Apotex Group are sold in 115 countries around the world.