India Revokes GSK Breast Cancer Drug Patent

Law360, New York (August 2, 2013, 4:40 PM EDT) -- The Indian government has revoked one of two patents held by GlaxoSmithKline Plc for its breast cancer drug Tykerb, a ruling that came four months after India's highest court raised the bar for patenting pharmaceuticals in the country.

India's Intellectual Property Appellate Board ruled on July 27 that GSK's patent for the ingredient lapatinib was valid, but that an offshoot compound called lapatinib ditosylate salt lacked sufficient innovation from the original substance for patent protection.

According a statement issued by GSK to numerous Indian news outlets,...
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