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Bristol-Myers Squibb Company Reports Financial Results for the Fourth Quarter and Twelve Months of 2007
Date:1/31/2008

y and enforceability of the main patent protection for PLAVIX(R) is still pending before the U.S. Court of Appeals for the Federal Circuit. Activities relating to the damages phase of the litigation in the U.S. District Court continue to proceed.

Even though the company and its alliance partner, sanofi-aventis, prevailed in the U.S. District Court, if Apotex were to prevail on appeal, the company could expect to face renewed generic competition for PLAVIX(R) promptly thereafter. There are other pending PLAVIX(R) patent litigations in the United States and in other less significant markets for the product. The company continues to believe that the PLAVIX(R) patents are valid and infringed, and with its alliance partner, sanofi-aventis, is vigorously pursuing these cases.

It is not possible at this time reasonably to assess the ultimate outcome of the appeal by Apotex of the patent litigation or of the other PLAVIX(R) patent litigations, or the timing of any renewed generic competition for PLAVIX(R) from Apotex or additional generic competition for PLAVIX(R) from other generic pharmaceutical companies. Loss of market exclusivity of PLAVIX(R) and/or the development of sustained generic competition would be material to the company's sales of PLAVIX(R), results of operations and cash flows, and could be material to the company's financial condition and liquidity. PLAVIX(R) is the company's largest product by net sales, and U.S. net sales for PLAVIX(R) were $4.1 billion and $2.7 billion in 2007 and 2006, respectively.

Use of Non-GAAP Financial Information

This press release contains non-GAAP earnings and earnings per share information adjusted to exclude certain costs, expenses, gains and losses and other specified items. Among the items in GAAP earnings but excluded for purposes of determining adjusted earnings are: charges related to implementation of the Productivity Transformation Initiative; gains or losses from sale of businesses and prod
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SOURCE Bristol-Myers Squibb Company
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