[Ip-health] Cipla allowed by Indian Court to continue manufacture of Roche's Tarceva

[amit sen]

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[ Picked text/plain from multipart/alternative ]
Something to cheer about!

  Amit Sen Gupta
  Peoples Health Movement - India
  email: amit37064@yahoo.com
  --------------------------------------------------------
  Delhi HC refuses relief to Swiss Company La Roche against Cipla
The Economic Times
19 Mar, 2008, 1730 hrs IST, PTI

      NEW DELHI: The Delhi High Court on Wednesday refused to grant relief =
to Swiss pharma company Hoffmann La Roche, which sought restraining Cipla f=
rom manufacturing and selling anti-cancer drug 'Tarceva' in violation of it=
s patent rights.

Passing the interim order, Justice S Ravinder Bhatt, however, directed Cipl=
a to maintain accounts of sales figure for the calculation of damages to be=
 awarded if Hoffmann succeeds in the present case.

Taking note of huge difference in prices of the product manufactured by the=
 two companies, the High Court said the drug should be available in the mar=
ket as the price differentiation is huge and will affect patients.

The court said the balance has to be tilted in favour of the people when th=
e interest of the company manufacturing the drug and that of those using it=
 is compared.

The Swiss company approached the court after it found that Cipla was planni=
ng to launch a generic version of the drug, Tarceva (Erlotinib), in India a=
nd to export the same to various countries.

The tablet formulation of Erlotinib is sold by Roche under the trademark an=
d name 'Tarceva', claiming to benefit the patients suffering from advanced =
or metastatic non small cell lung cancer.

The Swiss company had applied for grant of a patent in respect of the drug =
and its process and the same was granted by Controller General of Patents, =
Trademarks and Designs, New Delhi in February 2007, the petition stated.

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