Indian pharma company wins patent war against US firm

Gujarat-based La Renon Healthcare Pvt Ltd has successfully got revoked the Indian patent held by a US firm for a proprietary probiotic formulation, named Renadyl. La Renon had filed a patent revocation plea against the US-based Kibow Biotech before the Intellectual Property Appellate Patent Board, (IPAB), Chennai, which passed its order.

IPAB had cited "lack of invention" while upholding the patent revocation plea on November 13, 2013.

Kibow Biotech had earlier challenged La Renon in Madras High Court accusing it of infringement of patent rights which it was holding since 2007. A patent battle was on between the two companies since May 2011when Kibow Biotech sought a restraint order against La Renon to curb competition in the market, according to the La Renon management. It was dismissed in August 2011 due to non-maintainability under Section 599 of the Companies Act. Following this, La Renon filed a plea before IPAB for revocation of the patent in question.

Renon Healthcare chairman and CEO Pankaj Singh told mediapersons on Tuesday, "From the point of view of Indian pharmaceutical industry, a US company losing its patent is a big victory". The Indian patent number 205478 was granted to Kibow Biotech in April, 2007, which now stands revoked, he said.

La Renon was set up six years ago in Ahmedabad but its manufacturing facility is in Himachal Pradesh mainly due to comparative tax benefits. Singh said the patent victory would lead to manufacture of the drug named Cudo. "It is used to reduce the toxin load in patients whose kidneys are either not functioning at optimum level or have failed and are on dialysis," Singh said.

He said as a fallout of the patent revocation, the drug composition would be available to patients at a much cheaper price, approximately at Rs 4,500 per month while the Kibow Biotech product would cost between Rs 15,000 and 25,000 and had to be ordered online.

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