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Cipla infringing Roche's patent in lung cancer drug: HC
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SME Times News Bureau | 28 Nov, 2015
In a setback to Cipla, the Delhi High Court on Friday held that the
Indian drug major was infringing Swiss pharmaceutical company Hoffman-La
Roche's patent in lung cancer drug erlotinib hydrochloride, sold under
the name of Tarceva.
A division bench of Justice Pradeep
Nandrajog and Justice Mukta Gupta held that Cipla's lung cancer
medicine, Erlocip, was one polymorphic form of the compound, which may
exist in several forms.
"This (the patent) is a sufficiently
broad claim that is clearly not limited to any polymorphic version of
erlotinib hydrochloride, but to erlotinib hydrochloride itself. This
compound may exist in several polymorphic forms, but any and all such
forms will be subsumed within this patent.
"Therefore as Cipla's
Erlocip is admittedly one particular polymorphic form of the erlotinib
hydrochloride compound (polymorph B), it will clearly infringe the IN
774 patent (of Roche)," said the court.
It added: "We thus
conclude this issue by noting that the single judge's finding that
'Tarceva' and 'Erlocip' were based on the polymorph B version of
erlotinib hydrochloride, though correct factually, is irrelevant to the
subject matter of the present patent as Cipla has clearly infringed
Claim 1 of Roche's IN 774 patent in arriving at the said polymorph."
The
court's order came on the pleas of Cipla and Roche, both of which had
challenged the September 7, 2012 order of a single judge, who had held
that Cipla was not infringing Roche's patent and refused to grant any
injunction against the Indian company.
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