2. Facts
In Feb 2007 Roche claimed that it had been
granted a patent for erlotinib.
The patented product which roche introduced to
the indian market was marketed under the brand
name tarceva.
In Jan 2008 Cipla plan to launch a genric version
of erlotinib.
Soon after that Roche commenced patent
infringement case against Cipla.
3. Cipla’s Defence and counterclaim
Roche’s patent was invalid because erlotinib is a
derivative of quinazolin which is used in cancer
treatment. According to indian Patent Act a
derivative of known compound is not valid
The huge difference in price between Roche’s
drug and Cipla’s drug should be taken into
account whether to grant or not intrim injunction.
4. Conclusion
In sept 2012 Cipla Ltd won a landmark
patent case against swiss drug maker F
Hoffmann-La Roche Ltd.
It had been scientifically proven that Cipla’s
generic version was a polymorph b variant of
Roche’s patented drug and it didn’t infringe
any patent in india.
