HC says Cipla has not infringed Roche's patent cancer drug

Justice Manmohan Singh said Roche's patented drug Erlotinib Hydrochloride, promoted under the brand TARCEVA is also valid like Cipla's cancer drug promoted under the trade name ERLOCIP.

The decision came on a petition filed by Roche accusing Cipla of manufacturing and marketing the cancer drug under the trade name ERLOCIP which it claimed was the generic version of its patented drug Erlotinib Hydrochloride, promoted under the brand TARCEVA.

Both the drugs are used to cure cancer ailments like lung and pancreatic cancer.

Details of the judgement were not available. Explaining the outcome of it, Cipla's counsel Pratibha M Singh said that the court has said the Indian company's patent cannot be revoked and is valid.

When contacted, the counsel for the Roche declined to comment on the judgement.