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ARTICLE · 07 DECEMBER 2011

Agreement With A Formula Calculating "Actual Damages" Precludes Prejudgment Interest

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In "Sanofi-Aventis v. Apotex Inc.", No. 11-1048 (Fed. Cir. Oct. 18, 2011), the Federal Circuit reversed the district court’s decision to award Sanofi-Aventis ("Sanofi") prejudgment interest in addition to "actual damages" specified by its settlement agreement with Apotex Inc. and Apotex Corp. (collectively "Apotex"), and affirmed the district court’s holding that Apotex Inc. is jointly and severally liable for all damages, and the district court’s denial of Apotex’s motion for leave to file a su

United StatesIntellectual Property
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Article by Theresa M. Weisenberger*

This article previously appeared in Last Month at the Federal Circuit November, 2011.

Judges:  Newman (dissenting-in-part), Schall, Moore (author)

[Appealed from S.D.N.Y., Judge Stein]

In Sanofi-Aventis v. Apotex Inc., No. 11-1048 (Fed. Cir. Oct. 18, 2011), the Federal Circuit reversed the district court's decision to award Sanofi-Aventis ("Sanofi") prejudgment interest in addition to "actual damages" specified by its settlement agreement with Apotex Inc. and Apotex Corp. (collectively "Apotex"), and affirmed the district court's holding that Apotex Inc. is jointly and severally liable for all damages, and the district court's denial of Apotex's motion for leave to file a supplemental answer, affirmative defenses, and counterclaims.

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