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July 3, 2001
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Pfizer moves SC against green signal for Penegra

BS Law Correspondent

Pharmaceutical multinational Pfizer on Monday moved the Supreme Court against the Delhi high court's order which reportedly allows Cadila Health Care to market its anti-impotency drug Penegra with some changes in design.

Its lawyer told the vacation bench that the high court had passed an unfair order on Saturday (June 30), vacating the 30-day stay order Pfizer had obtained from the high court earlier.

The Supreme Court bench consisting of Justice R C Lahoti and Justice S N Phukan will give a full hearing later as they had not received the documents on Monday.

Pfizer, which markets Viagra, had earlier moved the high court alleging that Cadila had copied its design for Penegra. Justice A K Sikri granted stay in favour of Pfizer.

Cadila moved the division bench of the high court against the stay, arguing that the US company had filed the suit after considerable delay while Penegra was being sold since January this year. The high court bench consisting of Justice Manmohan Sarin and Justice J D Kapoor then reportedly allowed the Indian firm to sell its product with certain conditions.

Cadila is said to have given an undertaking that it would change the colour of Penegra before further sale in the market. Dissatisfied with the order, Pfizer has moved the Supreme Court.

Cadila claims that Penegra is currently the market leader with a share of 34 per cent. The average sale of Penegra has been to the tune of Rs 8 million per month, it added.

Besides Zydus Cadila, nine other Indian companies market sildenafil citrate brands in India. Out of these total ten companies, six use the suffix 'gra' in their brand names (Zydus Cadila's Penegra, Cipla's Silagra, Sun Pharma's Edegra, Alembic's Alsigra, Protec's Progra and Ajanta Pharma's Kamagra). Pfizer's Viagra has not yet been launched in the country.

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