Roche vs CIPLA: Businessworld Article


Gauri Kamath of Businessworld writes a fascinating article on the CIPLA infringement strategy. See her report here, which I’ve copied below: Launch First, Fight Later “The Delhi high court is currently hearing a high-profile patents lawsuit that has the potential to change the rules of the game in India. In a first, Mumbai-based drug maker Cipla has launched a copycat or generic version of a drug with the full knowledge that the original has been patented in India. The product…


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Roche vs CIPLA: The Law on Temporary Injunctions


Feroz Ali, who runs pharmapatents wrote to let us know of an error in one of the cases we’d cited in our earlier posts on the captioned theme. We stated that one of the cases that denied a temporary injunction in a patent case (since the patent was relatively new and there was an invalidity attack) is “Periathambi v. Special Tahsildar, AIR 1965 Madras 327”. Unfortunately we got the citation right, but the case name wrong! The name of the…


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Copyright

Bollywood and Online Piracy


Last year we witnessed the first Indian case of copyright infringement against You Tube which was filed by T-Series. However I’m little surprised as to why there has been only one case against U-Tube so far especially when there have been several instances of copyrighted Bollywood content being uploaded onto You Tube. Americans on the other hand being the litigious society that they are, have been having a field day suing U-Tube for the copyright infringements. The biggest claim is…


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Roche vs CIPLA: Some Dates


Dr Gopakumar Nair, an expert on patent issues and founder of the reputed Patent Gurukul site has sent us some great details on the dates re: the patent applications in the Tarceva case. The dates are very critical to issues such as novelty, time for filing post grant opposition etc. He writes as below: “Indian Patent Application No. 537/DEL/1996 A filed on 13th March, 1996 has been granted as 196774 and published on 13th July, 2007 in the Official Journal…


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Roche vs CIPLA: Pricing Issues


Readers will recollect our earlier posts on the “pricing” issue in this patent litigation and our plea to disentangle “pricing” from “patentability”. A conflation in this regard will only lead to convoluted patent jurisprudence in this country. Does anyone know what the actual pricing is in the Tarceva case? News reports such as the Hindu and the Mint state the price of Roche’s drug is Rs 4800 per tablet, while CIPLA sells at Rs 1600. I’ve heard however that Abhishek…


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Roche vs CIPLA: Update: The Law on Temporary Injunctions


CIPLA’s counsel, Arun Jaitley concluded his arguments on the 24th of Jan. The matter will now come up on the 31st of Jan. And all eyes will be on Abhishek Singhvi (counsel for Roche) who will be doing the rejoinder on the 31st and stated in court that he would counter each one of CIPLA’s arguments on invalidity. Singhvi was great on the first day and then withered away after Jaitley came on the scene. We’ll have to see if…


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Roche vs CIPLA: The "Pricing" Paradox


An earlier post noted that CIPLA objected to the high pricing by Roche of it’s cancer drug, Tarceva (Erlotinib) and was therefore resorting to the drastic step of infringing its patent. Paradoxically, CIPLA has just been issued a notice by the NPPA (National Pharmaceutical Pricing Authority) for allegedly over-pricing its antibiotic, Ciprofloxacin!! Recall our earlier post in this regard titled “CIPLA Milking Indian Consumers: Charity Does Not Begin at Home”. CH Unnikrishnan of the Mint Reports: CIPLA Gets Fresh Notice…


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SpicyIP Email Updates and Subscription


A number of you have subscribed for email updates from SpicyIP. For those who have not, please visit the blog by clicking here and then scroll down the blog till you come to a button “Subcribe to SpicyIP” (this is on the left hand side of the blog). Enter your email ID in the box and voila–you are subscribed and will receive regular email updates of the SpicyIP posts. A far better way than having to log on to the…


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SpicyIP Conferences: AIPPI Conf in India and EGA forum in Brussels


1. “National Seminar on Protection, Enforcement and Leveraging of Intellectual Property”: Organised by the Indian Group of AIPPI (International Association for the Protection of Intellectual Property) from 9th February to 10th February 2008 at The Hans Hotel, New Delhi. The Seminar addresses topics in the field of Intellectual Property in India. World-renowned speakers have already confirmed their attendance at the seminar to share their experiences in India and globally. For more details on this conference, please see here 2. 4th…


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Roche vs CIPLA: Update


Heated arguments between Arun Jaitley (representing CIPLA) and Abhishek Singhvi (representing Roche) yesterday. The key issue was the validity of the patent. Jaitley cited a number of case law etc to establish that since this is a new patent, the validity attack should be taken seriously. He also argued that the Indian Patent Act does not grant a presumption of validity–a point that we discussed in our earliest posts on the Bilcare patent matter. Hearings will continue today as well….


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