Wednesday August 19,2009, 11:50 PM
FRANKFURT (Reuters) - German drugmaker Bayer has suffered defeat in an Indian court in a crucial legal dispute over approval of a copycat version of its cancer drug Nexavar.
Bayer had taken India's Cipla to court after the generics supplier had applied to sell a cheaper, generic version of Nexavar, scientifically known as sorafenib, in India even though the drug's patent is protected through 2020 in India.
The Delhi High Court dismissed Bayer's case.
"We are disappointed about the ruling and are now examining our legal options," said a spokesman for Bayer on Wednesday.
The ruling establishes a precedent in the subcontinent for how intellectual property rights will be weighed against making potentially life-saving drugs available more cheaply.
Bayer has described Nexavar, currently cleared for fighting tumours of the kidney and the liver, as one of its most promising drugs, foreseeing up to 2 billion euros ($2.82 billion) in annual sales.
That figure is only matched by projections for its blood thinner Xarelto.
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