Bayer's patent linkage appeal to be heard by India's Supreme Court

German drug major Bayer seems to be making some progress in its patent fight in India, after the country's Supreme Court admitted a special leave petition (SLP) filed by the company seeking introduction of a patent linkage system. The move comes after a landmark judgement on February 9, when the Delhi High Court dismissed an appeal by Bayer on the same issue.

The Supreme Court has not fixed a definite date for the hearing, but a Bayer HealthCare spokeswoman in Berlin told The Pharma Letter that this expected to be around mid-April. She added that the company's position on the case has not changed, and its argument remains that market authorization for a 'spurious' version of its drug Nexavar (sorafenib tosylate) should not be admitted to the market so long as Bayer has a valid patent.

The appeal in the Delhi High Court was filed against a judgement delivered by Justice Ravindra Bhat on August 18, 2009, rejecting Bayer's attempt to introduce the patent linkage system in India through a court direction. But, a division bench of the Delhi High Court comprising Chief Justice AP Shah and Justice Muralidhar dismissed the appeal on February 9, explains the local PharmaBiz news service.