The Delhi High Court will take up the hearing on the case of Sutent (sunitinib) involving Pfizer and Cipla over the patent row, in the first week of January after the Patent Control Office decides afresh on the post-grant opposition by Cipla.

The High Court on Monday adjourned the case filed by Pfizer, which sought a stay on Cipla selling the generic version of Sutent, as the hearing was slated in the Patent Office. The Supreme Court had sent back the case to the Patent Office for review, following which Pfizer filed a fresh petition now.

The apex court also lifted an injunction granted by the Delhi High Court against restraining Cipla from launching the generic version of the drug. Pfizer was granted a patent for kidney cancer drug, Sutent in India in 2007.

Cipla filed a post-grant application and won the case in September this year, with the Patent Office rejecting the argument by Pfizer over the drug, on grounds that the invention claimed in patent (Sutent) did not involve an inventive step. However, Pfizer appealed in the Delhi HC which passed an injunction order to restrain Cipla from launching the generic drug. This prompted Cipla to go to the Supreme Court against the High Court order.

Now the assistant controller of patents will be hearing the arguments of both the parties to take final decision on allowing the generic version. Sutent costs about Rs.1.96 lakh for a 45-day treatment, while Cipla has priced its generic version sunitib, substantially lower.