10 Jun WHY DID BRISTOL-MYERS SQUIBB AND SARNOFF-AVENTINE SEEK A SETTLEMENT RATHER THAN LET THE PATENT INFRINGEMENT CASE GO TO TRIAL?
Read “Patent Games: Plavix” found on page 406 of the textbook. Answer the following questions (located at the end of the Case Study):
1. Why did Bristol-Myers Squibb and Sarnoff-Aventine seek a settlement rather than let the patent infringement case go to trial?
2. Should Bristol-Myers Squibb and Sanofi-Aventis have attempted to pay Apotex to prevent it from launching a generic version of Plavix?
3. Was Sherman’s strategy that of a shrewd business executive? Did Sherman act ethically in his strategy?
4. Should the FTC and the state attorneys general have rejected the agreements?
5. Did Bristol-Myers Squibb likely violate the deferred prosecution agreement?
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