Wednesday, March 19, 2008

HC allows Cipla to sell Roche drug

Delhi High Court on Wednesday allowed Cipla Ltd to continue selling its lung cancer drug which is a copy of Tarceva (Known as erlonitib), the branded, patented version owned by Swiss drug giant Roche AG.

Roche had sought an interim injunction against the sale of the drug erlotinib, a generic form. On January 2008 Cipla launches generic version of Tarceva

Patent war journey :

Roche had filed a patent application in India for erlonitib in Mar 13, 1996.

On July 13, 2005 DCGI gives approval to Roche for marketing Tarceva in India

On July 13, 2007 Patent granted for Tarceva in India

On January 19, 2008 Roche files infringement lawsuit at Delhi High Court

On  March 19, 2008 HC allows Cipla to sell version of Roche drug

Tarceva’s cost is Rs 4,800 per tablet, while Cipla sells the generic version, called Erlocip, at Rs 1,600 per tablet.

Sources said the price differential was a key factor behind Wednesday’s ruling.

But my concern is that whether such ruling discourages MNCs to file their patent application in India. It would be absurd if erlotinib patent gets invalid on the basis of pre 1995 invention of same class of drug called gefitinib.

 

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