The Delhi High Court declined to injunct Cipla from manufacturing and selling Erlocip, anti cancer drug. Roche contented that Cipla is infringing its patented product namely Tarceva (chemical name of the API being Erlotinib).

In deciding grant or reject on interim injunction in an infringement suit, courts consider the following : -

1. a strong prima facie case
2. irreparable injury; and
3. balance of convenience.

Apparently in this case the High Court has considered the difference in price of the two drugs and its consequential affordability in deciding the 'balance of convenience'. The judgement copy is awaited.

Readers please look for detailed analysis of the judgement shortly.