India's Glenmark and Roche ($RHHBY) have settled a patent fight over generic copies of Roche's cancer drug Tarceva (erlotinib hydrochloride). As part of the settlement, Glenmark has acknowledged Roche's intellectual property rights and given "other undertakings," and in exchange Roche agreed to give up seeking costs and damages against Glenmark. The case in Delhi High Court was also dismissed as part of the deal.
Roche and Glenmark issued a joint statement to India's Business Standard, saying: "Glenmark and Roche/OSI confirm that they have reached an agreement regarding ongoing patent disputes relating to the anti-cancer medicine erlotinib hydrochloride. As part of the agreement, the companies have ceased all relevant patent litigation on this product and Glenmark has acknowledged the patent rights of Roche."
This is the second victory for Roche in its fight over Tarceva. The same court ruled against Indian generic maker Cipla in November and awarded Roche damages against Cipla, but the court also allowed Cipla to continue selling its generic copy because Roche's patent is set to expire this year.
The decision in that case overturned an earlier 2009 court ruling that had rejected Roche's claims. In 2014, the companies had also been ordered to mediate their dispute over Roche's best-selling cancer drug.
- here's the report from the Business Standard