Mint has further reported that Justice Abhay Oka of Mumbai High Court has asked Cipla to reply in two weeks to the patent infringement suit filed by Swiss-major F Hoffmann-La-Roche over anti-infection drug Valganciclovir. The case is expected to come up for hearing in the third week of October. In parallel, Roche is also facing post-grant oppositions from Ranbaxy, Cipla and the Delhi Network of Positive People in the Chennai Patent Office. Though we are not able to go through the complete specification of Valganciclovir patent but according to reliable sources Roche’s patent has broadly issued claims which may likely invalidated on the grounds of obviousness (and possibly be challengeable under section 3(d) on the grounds of obvious variation of known compound ganciclovir).
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