Gilead Sciences Inc and Roche have jointly sued Natco Pharma Ltd for infringing the patents of bird flu drug Tamiflu (oseltamivir phosphate).
The Hyderabad-based Natco had filed an abbreviated new drug application (ANDA) with the US Food and Drug Administration in February 2011 claiming the first-to-file status in generic, Tamiflu
The US-based Gilead is the innovator of the drug while Roche is its marketing partner.
In a filing with a federal court in Wilmington, Delaware, Gilead, which was issued the patent in 1998, has sought an order restraining other companies from selling the drug in the US market till the patent on the drug expires in 2017.
When contacted Mr P. Bhaskara Narayana, Director and Chief Financial Officer of Natco Pharma Ltd, had said that the action was “expected” as the patent holders generally defend any challenges. The statutory litigation period of 30 months has commenced and clarity would evolve as time elapses.
The suit would stop the FDA from approving the application for up to 30 months or till the court gives out its verdict in favour of Natco.
Natco's scrip gained 0.14 per cent to end at Rs 249.85 per cent on Bombay Stock Exchange on Thursday.