India's Supreme Court allows Cipla move in Roche patent case

The Supreme Court of India will allow a scientist to join the patent case involving Indian drug giant Cipla, which had earlier been found to have violated the Roche ($RHBBY) patent on its Tarceva (erlotinib) cancer drug.

The top court said the Delhi High Court could move ahead with aspects of the case but denied it the ability to pass any final judgments or orders.

That court is trying to devise ways to dispose of the Cipla inventory and what kind of damages Cipla must pay Roche for patent infringement, according to a report in the Financial Express.

In the original ruling, the Delhi High Court allowed Cipla to continuing making its generic copy because Roche's patent was set to expire this March.

The appointment of the scientist is expected to help the court resolve the issue that "Cipla's Erlocip was one polymorphic form of the erlotinib hydrochloride compound, which may exist in several forms, and Roche's patent claim was not limited to any one such version," according to the Financial Express report.

- here's the report from the Financial Express

Suggested Articles

New legal complaints focus on eight Sanofi executives, most of them with local management titles, and 15 managers at distributor Zuellig Pharma.

A self-proclaimed former employee at Novartis’ Beijing office accused the Swiss drugmaker of expensing fake academic events to offer kickbacks to doctors.

A decree includes tax incentives for certain generic drugmakers and uniform insurance standards that apply to both branded drugs and generics.