Cipla has won the first round of the battle to continue marketing of the disputed anti-cancer drug Tarceva (Erlotinib) in the country after the Delhi High Court rejected an injunction plea by Swiss drug major Roche who holds the Indian patent right to the drug.

However, Justice Ravinder Bhat specified that it was an interim order and asked Cipla to keep separate record of the sale of its generic anti-cancer drug (Erlocip), which is priced at one-third of the price of original Roche's version (Erlotinib). The court rejected the appeal in public interest, considering the difference in the prices of the two drugs. The court has given four weeks time to Roche to respond.

Roche received patent for Tarceva in India last year, but has been subsequently facing post-grant patent opposition from Cipla and NGOs. Two months ago, Cipla decided to market copycat versions of the drug. On January 19 this year, Roche Scientific filed infringement lawsuit in the Delhi HC. This is the first test case after the new patent regime came into force in 2005.

Roche argued in the court that the product patent right it has for Tarceva prevents competition from manufacturing a copy-cat version of the drug. However, Cipla claimed that the Indian patent is not valid and argued that it was well within its rights to manufacture and market the medicine in the country.

The counsel for Cipla said the high court's order today made special mention of the life-threatening nature of cancer and the life-saving properties of this drug.