SC agrees to hear Cipla over drug patent dispute with Roche
An SC bench said that the case would be heard next on 16 March to decide if a scientist had to be appointed to the case
New Delhi: The Supreme Court on Wednesday agreed to hear generic drug maker Cipla Ltd seeking appointment of an expert over a lung cancer drug patent dispute with Swiss innovator firm Hoffmann-La Roche.
In November last year, the Delhi high court had found Cipla guilty of infringing Roche’s patent over lung cancer drug Erlotinib. Cipla’s drug, Erlocip, was cheaper by at least one third as compared to that of Roche (being sold under the brand Tarceva), selling at ₹ 1,600 a tablet, compared to the innovator’s selling price of ₹ 4,800 per tablet.
A bench headed by justice Ranjan Gogoi said that the case would be heard next on 16 March to decide if a scientist had to be appointed to the case.
The court also allowed the Delhi high court to continue hearing the case, but restrained it from passing any final orders. The high court is considering certain aspects of the case, including how much Cipla has to compensate Roche for infringing its patent.
Roche had been granted a patent in India on Erlotinib in 2007, that will expire in March this year.
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