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The Curious Case of Roche v. Cipla: A Win- Win?

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Another IP battle that made headlines this year was the case of Roche v. Cipla. The Delhi High Court in a mixed judgement of sorts held Roche’s patent on Erlotinib to be valid while at the same time acquitted Cipla of the charge of infringement. Cipla was unable to prove obviousness in the chemical compounds due to lack of evidence and deposition and hence could not bring forth a strong case of invalidation against Roche. The court observed that if the chemical compounds were held to be obvious

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