The Supreme Court of India has dismissed the petition filed by the Swiss pharma major Hoffman La Roche, against the Delhi High Court's order on patent litigation on its anti-cancer drug Tarceva with the Mumbai-based Cipla Ltd, it is learnt.
The special leave petition challenging the division bench order of Delhi High Court has been dismissed as the issue is under consideration of the trial court judge and the final verdict is yet to be passed.
However, the Supreme Court bench, while dismissing the petition of Roche filed of late, sought the Delhi High Court to speed up the ongoing trial. According to sources, the Supreme Court has also remarked that the division bench order would not bind the trial court judge, who is expected to decide the case on final merits.
Roche filed its plea with the Supreme Court soon after the appellate bench of the high court passed verdict against its petition alleging that Cipla has infringed the patent rights of Terceva by marketing its generic equivalent. The division bench verdict was on Roche's petition challenging the single bench decision of Delhi High Court allowing Cipla to carry on marketing of the generic version of Terceva.
Affirming the single bench verdict against the petition, the division bench, in its order, said that the drug maker suppressed facts related to its Tarceva patent and the case on patent infringement against Cipla is not standing. Besides, the division bench also imposed costs on Roche for the reason.
"While the Supreme Court appears to have taken a sensible route in shifting the focus to the trial, where the matter will be heard in detail and disposed off after an extensive review of evidence and arguments, my own view is that the court threw away a brilliant opportunity to clarify the law relating to interim injunctions in India. For this law is in a state of disarray and the standards deployed by courts are often confusing and inconsistent," said Shamnad Basheer, professor of intellectual property law at the National University of Juridical Sciences in Kolkata.
The issue is under consideration of trial court judge at present. A retired judge was appointed as court commissioner to hear evidence from witness of both the parties. The final verdict on the litigation will only be announced after these proceedings, informs Basheer.