Swiss pharma major Roche has filed an appeal before the Delhi High Court challenging the order of the single bench that refused to restrain Cipla from manufacturing and selling anti-cancer drug Tarceva, alleged to be a copy of La Roche's patent.

The Swiss pharma company, through its counsel Abhishek Manu Singhvi, raised the matter before a bench comprising Justice Manmohan Sarin and Justice Manmohan and asked for an urgent hearing of the case. But the court posted it for hearing on April 22.

Earlier on March 19, Cipla had 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.

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.

Contending that the interim order should be quashed, Singhvi said the single bench allowed the infringement of its patent rights stating that it was in public interest. He contended that there was no correlation between patent law and public interest as patent is an absolute monopoly.