Cadila Pharmaceuticals, which claims to have the process patent for the drug LMX 250-500, has taken the two other manufacturers to court for alleged infringement of its patent of amoxycillin plus Lactobacillus sporogenes.Cadila Healthcare and Cipla are said to be manufacturing similar formulation and selling under different brand names.

A Cipla spokesman, when asked for his comments, stated in a faxed reply that, "The matter is sub-judice and is listed for final hearing on April 10. A similar case has also been filed against Cadila Healthcare Ltd and the judgement is expected soon." Cadila Pharmaceuticals general manager (legal) Sanjay Upalkar declined to comment on the grounds that the "matter is sub-judice". This is perhaps the first time that an Indian drug company has taken its rivals to court for patent violation.

The company - Cadila Pharmaceuticals is tightlipped over the proceedings in the courts of Vadodara and Ahmedabad. However, sources said that the company is embroiled in a legal dispute with Cadila Healthcare and Instacare Lab Pvt Ltd and Cipla Ltd in two different cases for allegedly copying its drug.

Experts say that the domestic pharmaceutical industry will experience many such infringement suits in the future. Cadila Pharmaceuticals is the asignee of the Indian patent no 183097.

According to the patent, the object of the invention is to combine susceptible organisms into a pharmaceutical composition containing anti-infective agents and keep them viable for the shelf-life of the formulation. This would also minimise the side effects of anti-infective agents resulting from the destruction/alteration of normal flora by providing viable organisms along with anti-infective agents.

Cadila Pharmaceuticals has put two products in the market namely LMX 250/500 manufactured by the patented process. Cadila Healthcare and Instacare Lab Ltd have also put in two products in the market namely HIPEN-LB and HIPENOX-LB. Cadila Pharmaceuticals has sued Cadila Healthcare and Instacare of infringing its process patent no 183097.

This matter is presently in the district court at Vadodara. The district court had granted Cadila Pharmaceuticals an ex-parte injunction against Cadila Healthcare and Instacare. The matter is in advanced stage of hearing for a temporary injunction before the trial court, Vadodara.

In the second case, Cadila Pharmaceuticals has charged Cipla Ltd for infringement of its process patent 183097, along the lines in which Cadila Healthcare has infringed the process. Cipla has also introduced a product in the market, NOVAMOX LB. The matter is in its advanced stage of hearing in the City Civil Court, Ahmedabad.