Delhi hc upholds order restricting sale of cipla's respiratory disease drug

Delhi HC upholds order restricting sale of Cipla's respiratory disease drug

Latest Business News - A division bench of the Delhi High Court on Thursday upheld a single judge order restraining Cipla from selling its respiratory disease drug – Uniberez. Swiss drug maker Novartis has been warring over with Cipla over the right to sell Indacaterol, which Novartis sells under the name Onbrez.

Cipla had launched Unibrez in the Indian market after Novartis and had simultaneously called for revocation of five of Novartis’ patent. Novartis had filed a suit for permanent injunction restraining infringement of its own patent in January 2015, alleging infringement of its patent rights by Cipla.

Cipla was restrained from selling copies of the drug, following which both companies filed cross appeals in the Delhi High Court.

Cipla lawyers Abhishek Singhvi and Pratibha Singh, in previous hearings, argued that Novartis ought to grant a licence for making the product to ensure its sufficient availability in India at an affordable price. Cipla had priced Unibrez, its versions of the drug, at Rs 130 per pack of ten tablets, compared with Rs 677 for Onbrez.

Novartis imports the product, which the lawyers said, makes it unaffordable to local patients. Cipla's counsel had in previous hearings also highlighted the fact that Onbrez was not produce domestically, one of the key grounds to keep a drug's patents valid.

ARTICLE SOURCE – BUSINESS STANDARD