Cipla is examining options of appealing against a US Federal Circuit order, in a patent infringement case, involving the sale of an animal health product.

The Indian drug-maker had received an order from the US Federal Circuit affirming an earlier order from a District Court, with two judges ruling against the company and one judge in favour, Cipla said.

In the earlier order issued last year, the District Court had ruled against the sale of a product for pets, on the grounds that it infringed a patent held by Merial Ltd, a Sanofi company. It had further ordered the seizure of the drug made by Cipla and sold by Velcera, following a petition filed by Merial Ltd ruling that the sales of PetArmor Plus — an animal healthcare product — allegedly infringed a patent held by it.

Cipla appealed against the District Court order, and the latest Federal Circuit order follows this appeal.

The District Court is yet to determine the financial implication of the order of June last year, Cipla said. The company is reported to have shipped about $10 million worth of the product. And last year when the issue came up, Cipla had said that it suspended the sale of the product in the US. Cipla shares closed marginally up at Rs 309 on the BSE, on Friday.

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