Madras High Court – Erlotinib patent infringement suits

[Business Line] [India Infoline] [Order]

We are aware that Roche has filed patent infringement suit against some companies (Intas, Matrix) in Madras High Court which is related to Erlotinib and the patent No. 196774. Both of the suits and connected petitions, are dismissed by Madras HC as lack of jurisdiction.

The case filed against Intas pharma is dismissed by  the Madras HC due to the lack of jurisdiction. This case judgement/order is not yet updated on High Court site (Order). This is based only on Business Line article. Roche had filed a case against Intas to stop the sale of erlotinib, on the basis of a single sale from a retail chemist in Chennai. Madras HC dismissed this contention and said that sporadic sale does not constitute commercial sale. The retail agent is not authorized agent by Intas. Moreover, Intas product is originally manufactured by NATCO. A separate patent infringement suit is filed in Delhi high court against NATCO.

In another suit against Matrix Lab, Madras High Court dismissed the suit filed  by Roche. In this order, court said that mere filing of revocation petition in IPAB will not amount to patent infringement [Order].

About Guna

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