Monday, April 27, 2009

Delhi High Court dismisses Roche plea on patent

NEW DELHI: The Delhi High Court on Friday allowed Indian pharmaceutical company Cipla to manufacture and sell the generic version of patented lung

cancer drug 'Erlotinid' of Swiss pharma firm Hoffman La Roche Ltd. A bench headed by Chief Justice A P Shah vacated its interim order by which Cipla was restrained from exporting the drug to other countries in which La Roche has patent rights. The Court dismissed the plea of the Swiss company saying that the Indian company should be restrained from manufacturing and selling the generic drug till the issue of patent rights was decided through litigation. The Swiss company had approached the Division Bench of the High Court after a single Bench had dismissed its plea to restrain Cipla. The Court also imposed a cost of Rs five lakh on the Swiss company.

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