Overview
- Justices P. S. Narasimha and A. S. Chandurkar refused to disturb the Delhi High Court’s October 9 order upholding denial of an injunction and also declined a request to bar exports.
- The Delhi High Court division bench endorsed the single judge’s view that Roche’s patent is vulnerable to invalidation for obviousness under Section 64(1)(f) in light of prior art Compound 809.
- The procedural posture leaves Natco free, for now, to manufacture and sell its generic version in India pending a final ruling on the merits.
- Roche maintains its patent IN’397 is valid from May 2015 to May 2035 and alleges infringement, while Natco relies on Section 107(1) defenses and challenges the patent for lack of novelty and obviousness.
- Reports from Mint and BusinessLine say Natco has launched at an MRP of ₹15,900 for a 60 mg/80 ml bottle, though statements in court indicated the product had not yet launched, reflecting continuing tension over access and innovation.