Cipla to fight patent battle with Roche

A Delhi High Court bench ruled Friday that Cipla has infringed Roche's patent on erlotinib, a drug used to treat lung cancer

Drug maker Cipla in a statement issued on Saturday has stated that   the company will explore all legal options following  Delhi High Court ruling that it infringed on Roche's patent on anti lung cancer drug erlotinib hydrochloride, sold under the name of Tarceva.

The pharma company in its statement stated, “The division bench of the High Court of Delhi has ruled that Cipla has infringed Roche's patent on Erlotinib, a drug used for lung cancer. However, the court has allowed Cipla to continue to sell the product.

The court will also determine the quantum of damages that Cipla owes to Roche for selling the infringing product after Cipla furnishes its accounts. Cipla will explore all legal options available to it.”  

A Bench of justices Pradeep Nandrajog and Mukta Gupta said Cipla's lung cancer medicine, 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.

The court, however, did not grant an injunction in favour of Roche, as the patent granted to it will expire next March. The Bench said a single judge, who heard the matter earlier, Earlier, the the court had not passed an interim injunction order and Cipla continued to manufacture and sell Erlocip.