The Delhi High court Wednesday issued notice to Switzerland-based Novartis AG on a plea by pharmaceutical firm Cipla, challenging a single judge bench's order that temporarily restrained it from manufacturing or selling any drug containing chemical Indacaterol, used for treating chronic respiratory disease.
A bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva issued notice to Novartis AG, which holds a patent for the Indacaterol maleate salt as well as for the manufacturing process of the drug.
The court fixed Feb 5 as the next date of hearing.
The single judge bench in its Jan 9 interim order had restrained Cipla from manufacturing a drug under the name of "Indaflo", but allowed it to sell the remaining stock lying with the company.
Novartis sought Cipla be restrained from selling the generic version of the drug "Onbrez".
The court said the restraint on Cipla would remain till its application for compulsory licence was decided by the relevant authority.
