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SC declines to interfere in Cadilas' drug battle

Our Bureau

AHMEDABAD, Nov. 22

THE Supreme Court has given an order that there was no reason for it to interfere at this stage in the ongoing brawl between erstwhile partners - Cadila Healthcare Ltd (CHL) and Cadila Pharmaceuticals Ltd (CPL).

The apex court Bench of Mr Justice B.N. Kirpal, Mr Justice Doraiswamy Raju and Mr Justice Brijesh Kumar passed an order on the special leave petition filed by CHL questioning the Gujarat High Court decision dismissing its suit demanding an interim injunc tion against CPL.

The Supreme Court order dated November 8 said: ``For reasons to be given later, we are of the opinion that no interference at this stage is called for...The affidavits by respective parties should be filed before the trial court - by the plaintiff within 12 weeks and by the defendant within four weeks thereafter - and the trial should be completed, if possible, within six months from the date when the affidavits have been filed.''

The trial court at Vadodara had, on May 30, 1998, dismissed the injunction application filed by CHL with cost while the Gujarat High Court on July 14, 1998 had ruled: ``..there was little chance of any passing off of one product for the other product.''

The original case of CHL was about the introduction of Falcitab by CPL in 1998, long after CHL launched its own Falcigo in 1996. The main contention of the plaintiff was an alleged attempt by CPL to pass off its product as that of CHL. Both the products are schedule `L' drugs, earmarked for institutional and hospital sale only.

With the Supreme Court upholding the decisions of the trial court, Vadodara and the Gujarat High Court to proceed with trial, the grounds have now been cleared for the long pending case to be heard.

Meanwhile, CPL has been allowed to continue the sale of Falcitab, priced at Rs 230 per strip of six tablets. The Falcigo tablet is priced much cheaper at Rs 60 per four tablets. While Falcigo has artesunate as the basic drug, mefloquine is the elementary formulation in Falcitab.

Currently, there are four cases pending at various courts between CHL and CPL and all of them have similarity of drugs in the same administration regime as the major bone of contention.

The cases pitch CHL's Spardac versus CPL's Superdac, CHL's Dexona against CPL's Dexasone, CHL's Enalapril Maleate versus CPL's Envas. All but the last one case has been filed by CHL, while CPL became the aggressor in the battle for the cardiovascular ter rain where it alleged that its leading brand Envas was being copied by CHL by using similar ``get-up and packaging'' to sell a comparable product using its generic name - Enalapril Maleate.