Managing Intellectual Property

Indian court sets aside Roche’s patent (full version)

08 December 2008

Peter Ollier, Hong Kong

The Madras High Court last week set aside a patent granted to Swiss pharmaceutical company F Hoffman La Roche for its blockbuster anti-infection medicine valganciclovir because a pre-grant opposition by two NGOs was not heard.

The decision is another blow to Roche after the company failed to get a preliminary injunction in March against Indian generic drug maker Cipla, which is making its own version of Tarceva, Roche’s lung cancer medication. That case is currently under appeal.

The opposition was filed in July 2006 by The Indian Network for People Living with HIV/AIDs and the Tamil Nadu Networking People with AIDS. When the patent was granted without their opposition being heard, the two NGOs appealed to...



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