Bayer went to the High Court of Bombay stating that the notice issued by the Patent Controller General of India on the CL application on sorafenib tosylate & publishing in the Gazette was not correct and that the notice should be stayed. The case against the patent controller was filed in the High Court of Bombay as Natco Pharma had applied for a compulsory licence in the Mumbai Patent Office.
Bombay High court told Bayer that since the suit for infringement filed by Bayer against Natco when their generic version was registered by the drug controller is pending in the High Court of Delhi, and they should go to Delhi for relief. Bombay High court extended the period for Bayer to file reply to the CL until 18th November.
Bayer approached Delhi High Court on 16th Nov and made the same prayer to the High court. Delhi High Court told Bayer that the entire proceedings before the Controller is still open, all issues are open and they can raise all the issues before the Controller. High Court also told them that it was too premature for Bayer to have come before the High Court at this stage. Eventually Bayer had to agree and the matter is now with the Patent Controller General of India.
Bayer was supposed to file an opposition to the CL application by Nov 18th.
Read the earlier posting to know more on this case.