Delhi High Court's decision to grant relief for Indian pharmaceutical company Cipla by stating that it had not infringed on a drug patent has been challenged by Swiss drug company Hoffmann-La Roche.
Appealing before the division bench of the high court, Roche sought a stay on the Sep 7 order.
The division bench headed by Justice Ravinder Bhatt, however, recused himself from hearing the plea and transferred the matter to another bench. The matter would come up for hearing Oct 15.
Justice Manmohan Singh had said Roche's patented drug Erlotinib Hydrochloride, promoted under the brand TARCEVA, is also valid like Cipla's cancer drug promoted under the trade name ERLOCIP.
Roche had filed the plea accusing Cipla of manufacturing and marketing the cancer drug under the trade name ERLOCIP, which it claimed was the generic version of its patented drug Erlotinib Hydrochloride, promoted under the brand TARCEVA.
Both the drugs are used to cure ailments like lung cancer and pancreatic cancer.