MUMBAI Aug 2 India's patent appeals board has
revoked a patent granted to GlaxoSmithKline Plc's breast
cancer drug Tykerb, which is a salt form of the original
However, the Intellectual Property Appellate Board (IPAB)
upheld a patent granted to the original compound, or active
pharmaceutical ingredient, citing innovative merit.
Fresenius Kabi Oncology, the Indian unit of German
healthcare group Fresenius SE, had challenged patents
granted for both the original molecule and it's marketed version
Tykerb, saying both molecules lacked innovation.
"We are studying the IPAB's decision but maintain our belief
in the inventiveness of the lapatinib ditosylate salt and will
consider the possibility of taking further steps before the
appropriate authorities to validate this," the Indian unit of
UK-based GSK said in an email to Reuters on Friday.
The IPAB orders for both the patent disputes were uploaded
on its website late on Thursday.