Executive Summary
F. Hoffmann-La Roche filed a suit alleging infringement of its species patent (IN 334397) for the drug Risdiplam, marketed as EVRYSDI®, by Natco Pharma Limited. The plaintiffs sought an interim injunction to restrain the defendant from manufacturing and selling the API. However, the court found that the defendant had raised a credible challenge regarding the validity of the patent. Considering the public interest in affordable medicine for rare diseases like SMA, the court dismissed the application for interim injunction, though it clarified that damages would be payable if the plaintiffs ultimately succeed in the trial.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in F. Hoffmann-La Roche Ag vs Natco Pharma Limited is valuable context for structuring arguments or assessing risk in similar proceedings.
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