Delhi High Court allowed Indian company Cipla to go ahead with its manufacture and sale of lung cancer drug while dismissing the plea of Swiss company Hoffman La Roche Ltd which claimed to have sole rights over the manufacture of the drug.
A bench headed by Chief Justice A P Shah allowed the Indian pharma company to manufacture and sell the generic version of the patented lung cancer drug, Erlotinid and also allowed its export abroad.
The court vacated its interim order whereby it had restrained Cipla from exporting the drug to other countries in which the Swiss company La Roche had patent rights.
The court had earlier dismissed the plea of the Swiss pharma manufacturer which sought stay on the sale of the drug till the issue of patent rights was settled.
The Swiss company had approached the double bench after the single bench had refused to restrain the Indian company from manufacturing the drug and had also imposed costs of Rs 5 lakh on it.
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