SpicyIP Tidbit: IPAB Stays the Revocation of Pfizer’s Patent

The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of detrol latolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here.

The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report, IPAB ordered: “…the balance of convenience is very much in favour of the petitioner for granting the relief of stay. Accordingly, we are granting interim stay on the operation of the impugned order dated November 27, 2013 passed by the Assistant Controller of Patents and Designs.” Further, “We are of the considered view that the second respondent (Ranbaxy) having received the notice from the petitioner as early as on March 13, 2014, had enough time to appear and argue the matter of stay petition. There is no justification for seeking further time, more particularly in view of the urgency involved in this matter as per the submission of the petition of the learned senior counsel for appellant.” 

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