Mumbai: The Supreme Court on Friday dismissed a special leave petition filed by Swiss drug maker F Hoffmann La Roche Ltd challenging an April ruling by a higher bench of the Delhi high court on a patent infringement lawsuit in favour of local drug maker Cipla Ltd.
The apex court said no special leave can be considered on an interim order, and a pending trial with a lower bench of the high court be hastened.
A Roche executive who handles legal matters said, “The apex court has ordered that the trial at the lower court of Delhi high court be expedited and nothing in the Delhi division bench order would bind the trial court judge.”
The case involves an alleged infringement of Roche’s patent for its lung cancer drug Tarceva by Cipla, which launched a generic version in India in January 2008.
The apex court said Roche had failed to file an appeal immediately. Roche appealed in August, almost four months after the high court order. Such appeals typically must be filed within three months of an order.
Cipla’s counsel Pratibha M. Singh said the Supreme Court order will have a positive impact on the trials at the lower court for Cipla.