The Delhi High Court today allowed Indian pharmaceutical company Cipla to manufacture and sell the generic version of patented lung cancer drug 'Erlotinid' of Swiss pharma firm Hoffman La Roche Ltd.
A bench headed by Chief Justice A P Shah vacated its interim order by which Cipla was restrained from exporting the drug to other countries in which La Roche has patent rights.
The Court dismissed the plea of the Swiss company saying that the Indian company should be restrained from manufacturing and selling the generic drug till the issue of patent rights was decided through litigation.
The Swiss company had approached the Division Bench of the High Court after a single Bench had dismissed its plea to restrain Cipla.
The Court also imposed a cost of Rs 5 lakh on the Swiss company.
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