Home / Business and Economy / India Court Allows Ozempic Rival Production Before Patent Expiry
India Court Allows Ozempic Rival Production Before Patent Expiry
9 Mar
Summary
- Delhi High Court allowed Dr Reddy's to manufacture and export semaglutide.
- The court noted DRL's challenge to Novo Nordisk's patent validity.
- The patent was nearing expiry, prompting the court's decision.
In a significant development, the Delhi High Court has granted Dr Reddy's Laboratories the permission to manufacture and export semaglutide, the key component of Novo Nordisk's widely used drug Ozempic. This ruling comes just weeks before the expiration of Novo Nordisk's patent in India. A division bench of the court upheld a previous single-judge decision, stating that Dr Reddy's has presented a prima facie credible challenge to the patent's validity.
The court emphasized the principle of balance of convenience and irreparable loss, questioning the necessity of intervention when the patent was set to expire within two months. It noted that delaying a ruling would not cause significant harm to Novo Nordisk, especially considering the short time left. The bench suggested that directing Dr Reddy's to maintain accounts of sales would suffice for the remaining period.
Novo Nordisk had accused Dr Reddy's of exporting and importing the drug for its own development. However, Dr Reddy's contested the patent's validity, seeking its revocation. The court's decision reflects a pragmatic approach, acknowledging the limited remaining patent life and the potential for competition in the market for Type 2 diabetes and obesity treatments.
