High Court of Delhi

F. Hoffmann-La Roche Ltd and anr v. Cipla Ltd

27.11.2015

Intellectual Property Rights

High Court finds in favour of Hoffmann-La Roche

The Delhi High Court allowed La Roche’s appeal for grant of injunction against Cipla with regard to infringement of patent, ‘IN ’774’, which was claimed to be an inventive and innovative development which increased the efficacy of the drug. As the court summarised it, “In the atomic world it would be the party animal, latching on to any atom it finds around it, including itself, and holding tight, forming molecular change – the very trick of nature necessary to build proteins and DNA.” It imposed costs and directed Cipla to render accounts for the manufacture and sale of ‘Erlocip’, a drug used in cancer treatment. However, while the grant of injunction was agreed with, the Court, mindful of the patent expiring in March, 2016, refused to enforce the same.

Tags : Patent la roche cipla inventiveness obviousness

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