Cipla, BMS settles patent dispute

Parties seek confidentiality of the terms of settlement

The patent dispute between US-based pharma major Bristol-Myers Squibb (BMS) and Indian pharma major Cipla Ltd over entecavir, a pharmaceutical combination for treating Hepatitis B has been settled amicably out of the court. Based on the endorsement made in this regard by both the parties, the Intellectual Property Appellate Board (IPAB) today dismissed theoriginal rectification application filed by Cipla against BMS's patent.

Counsels appearing for both the parties informed the Appellate Board that the matter has been settled out of court in April, 2015. Taking the endorsement to the registry on record, the bench comprising of IPAB Chairman Justice K N Basha and Technical Member (Patent) DPS Parmar dismissed the application as withdrawn not pressed. The companies requested the terms of settlement has to be kept confidential.

Cipla, in 2010, has filed a revocation application with the IPAB to revoke the patent, for a pharmaceutical composition comprising up to one per cent of entecavir effective for once a day oral administration to treat Hepatitis B virus infection in a human adult patient. It may be noted that another Indian generic firm Natco Pharma Ltd has earlier settled the dispute on the same product amicably.

The patent, filed on July 2, 2002 was published on January 25, 2008. In 2010, Zydus Cadila and Natco Pharma launched their generic versions of Baraclude. Zydus Cadila launched its product under the brand Entehep and Natco Pharma started marketing it as X-vir. Ranbaxy has also launched a generic product of the drug earlier in the market, say reports.