Court dismisses Roche's patent petition against Intas

According to Roche, Intas was in the process of selling erlotib, the generic version of the drug, in TN

A division bench of the Madras high court on Tuesday dismissed the appeal of Swiss pharma company F Hofffman La-Roche against Gujarat-based Intas Biopharmaceuticals in which the former alleged violation of its patent rights for Tarceva (erlotinib hydrochloride). The drug is used to treat non-small cell lung cancer.

The litigation is one among several such cases between Roche and Indian companies, including Cipla Ltd, Natco Pharmaceuticals and Intas Biopharmaceuticals, in connection with this drug. According to Roche, Intas was in the process of selling erlotib, the generic version of the drug, in Tamil Nadu.

The bench said: "The learned single judge had rightly found that the pleadings in the suit do not disclose any cause of action for the filing of the suit before this court.... In such circumstances, we are of the view that the present Original Side Appeals, filed by the appellants, are devoid of merits and hence, they are liable to be dismissed. Accordingly, they stand dismissed."

The multinational firm alleged that it had reasons to believe that Vitman Pharma, based in Chennai, was the stockist, wholesaler and distributor of Intas Biopharma for the city of Chennai and that the latter has been stocking and distributing the infringing product (erlotib), within the territorial jurisdiction of the court. Based on this, Roche appealed the court to set aside the learned single judge.