Key Takeaways
- The Supreme Court has directed the Delhi High Court to decide quickly on stopping Zydus from making a breast cancer drug that infringes F. Hoffmann-La Roche AG’s patent.
- The case revolves around Roche’s claim that Zydus’s cancer drug, Sigrima, is a copy of its breast cancer drug, Pertuzumab (Perjeta).
- The Supreme Court has asked the High Court to continue further hearings and reconsider the issue on December 2.
New Delhi: The Supreme Court on Monday directed the Delhi High Court to decide quickly on whether to stop Zydus Lifesciences from making a breast cancer drug that Swiss company F. Hoffmann-La Roche AG claims infringes its patent.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar emphasized that sometimes the real-world effects of a case matter more than the legal details.
Zydus approached the Supreme Court after the Delhi High Court restored an earlier order stopping the company from producing, selling, or marketing its cancer drug, Sigrima. Sigrima is a copy of Roche’s breast cancer drug, Pertuzumab (Perjeta).
The Supreme Court, however, sent the matter back to a single-judge bench of the Delhi High Court for a final decision on December 2.
The issue revolves around Roche’s claim that Sigrima is a copy of its breast cancer drug, Pertuzumab (Perjeta). Roche argues that this violates its patent rights.
The Delhi High Court had recently reinstated an order preventing Zydus from manufacturing or selling Sigrima, leading Zydus to challenge this in the Supreme Court.
During the hearing, Zydus’ lawyer, Senior Advocate Dushyant Dave, argued that the company was treated unfairly. He called the situation “shocking” and said the High Court’s interim decision lacked proper examination of the issues.
Meanwhile, Roche’s lawyer, Senior Advocate Mukul Rohatgi, defended the injunction, saying there was no reason to lift it.
The Supreme Court asked the High Court, to continue further hearings and reconsider the issue on December 2.
Until then, the earlier order stopping Zydus from producing or selling Sigrima will remain in effect, the Apex Court said.
Legal Teams For Hoffmann-La Roche AG: Senior Advocates Mukul Rohatgi, Sandeep Sethi, and Arvind Nigam, along with advocates Pravin Anand, Shrawan Chopra, Archana Shankar, Prachi Agarwal, Achyut Tewari, N. Mahavir, Riya Kumar, and Agnish Aditya.
Legal team for Zydus Lifesciences: Senior Advocates Dushyant Dave and Rajiv Nayar, supported by advocates Bitika Sharma, Vrinda Pathak, Sandhya Kukreti, S.L. Soujanya, and Rajnish.
The High Court will reconsider all interim injunction-related applications afresh.
