Spicy IP reports that the Intellectual Property Appellate Board (IPAB) has set aside the Patent Controller’s revocation of Pfizer’s sunitinib cancer drug. At issue was the Controller’s failure to forward to the Opposition Board an expert affidavit from one of Pfizer's experts. Pfizer argued that the affidavit contained crucial information in response to evidence presented by opposing experts.
The IPAB’s ruling sets the stage for a third ruling on the sunitinib patent. The Patent Controller most recently revoked the patent back in February, and last October made a similar finding after domestic generic manufacturer Cipla filed a post-grant opposition to the patent (patent number IN209251). An appeal to the Supreme Court reinstated the patent with orders for the Controller to rehear the matter.
