An Ethical Dilemma
You have little recourse, internationally, as there is not one world governing body that governs international patent law. You can take sue them over the issue, or you can allow them to do this and sacrifice millions of dollars that people would normally pay to gain access to the drug. Now, you, as a manager, are an agent of the shareholders and are obligated to act in their best interests, but you have other stakeholders such as your employees, customers, your community, etc. So, do you take action against this other company, knowing that if the legal gavel falls in favor of your side, assuming that the rule of law is institutionalized in the country (this institution is weak in many poor countries), people will die as their will be a certain segment of the population who will not be able to afford, or have access to the drug that would save their lives? That is, do you put your shareholders interests ahead of the thousands of people who will die as a result of your decision?
This is just to demonstrate that ethical decisions are not so black and white. Without the human dimension, the decision would be clear: if the cost to pursue effective recourse against them is less than the monetary value at stake, then do it. Else, do not. However, this decision impacts human lives.
There is the do nothing approach, which does nothing to serve the interests of the shareholders, but allows access to the drug to people who would otherwise be priced out of the market. Another option would be to pursue the drug company with a vengeance and not discount your product to allow for more access. An option that I prefer would be to take legal action, if it makes financial sense, and offer the drug at a discounted rate to the people in that market, which would serve the interests of the community in which we operate (Africa) and the shareholders.
These ethical decisions are not so black and white. There are many options and the key is to balance the interests of the stakeholders in such a way so as to maximize the good.
