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Bodnar pleads guilty in BMS case

Andrew Bodnar, former senior executive of Bristol-Myers Squibb, has pleaded guilty to dishonest dealings relating to a patent deal involving Plavix

Andrew Bodnar, former senior executive of Bristol-Myers Squibb (BMS), has pleaded guilty to dishonest dealings relating to a patent deal involving Plavix. 

In 2006, BMS was negotiating a settlement of litigation with Apotex over the validity of the patent for Plavix. At the time, BMS was subject to a consent decree – for an unrelated matter – requiring the company to submit any proposed patent settlements for review with the Federal Trade Commission (FTC).  

Bodnar reassured Apotex that BMS would not launch a generic version of Plavix if the generics company agreed not to launch a version until 2011. He misled the FTC by claiming that he had not made these representations.

In June 2007, BMS agreed to plead guilty and pay a $1m fine. The US Department of Justice said that BMS had tried to block competition that could have lowered the cost of blood-thinning drugs. 

Scot Hammond, Acting Assistant Attorney General in charge of the Department's anti-trust division said: "Those who attempt to mislead the federal government or undermine the integrity of its functions should expect to face criminal prosecution."

Bodnar could face a year in jail and a fine of up to $100,000 or double the amount of any financial gain derived from his illegal actions.

7th April 2009

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