The US Federal Circuit has upheld the District Court ruling against Cipla who have allegedly infringed a patent held by Merial Limited. Affirming the decision of District Court, the judge has rejected Cipla’s arguments and found that Cipla and its partner have infringed the patent. Though this development will be negative for Cipla (looking options to appeal in higher court), however the financial impact of the same will be immaterial (USD15-20mn).
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US Federal Circuit ruled against Cipla (CIPLA IN) for animal health product
· US Federal Circuit has upheld the District Court ruling against Cipla who have allegedly infringed a patent held by Merial Limited, a Sanofi group company
· The patent is for animal healthcare product- Pet Armor Plus, which is being manufactured by Cipla and marketed by Velcera Inc in the US
· The product was being launched in March’11 and Cipla had shipped about USD10mn worth of the product to its partner.
· Post the district court ruling, Cipla had suspended the sale of the product in the US and appealed in the Federal court against District court ruling (21st June’11).
· The District Court is yet to determine the financial implication of the same.
· Cipla has indicated that they are examining options to appeal against the Federal Circuit order.
· We view this development a bit negative for Cipla though the overall financial impact of the same will be very negligible (USD15-20mn penalty).
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