SC allows Natco to sell generic of Roche drug until case ends

The Supreme Court on Friday rejected Swiss pharmaceutical giant F. Hoffmann-La Roche AG's (Roche) pleaseeking that Natco Pharma Ltd berestricted from selling the generic version of its lifesaving spinal muscular atrophy (SMA) drug, Risdiplam, in India until the conclusion of the case.

- Krishna Yadav & Jessica Jani

The bench of Justices P.S. Narasimha and A.S. Chandurkar declined to interfere witha 9 October Delhi high court division bench ruling that had upheld a March single-judge order denying Roche an injunction.

The top court also rejected Roche's plea to bar Natco from exporting the drug but asked the Delhi high courttoexpedite the hearing.

“Weare not inclined to interfere with the order passed by the high court for the reason that it is interim in nature and the findings are concurrent,” the bench said.

“We are extremely disappointed with the Supreme Court’s decision to dismiss our plea concerning the Risdiplam preliminary injunction,” Roche said in a statement.

“Strong IP protection, including patents, is the cornerstone forany innovation to thrive and address critical healthcare challenges. For Indiatotrulyemergeasaglobal life science innovation hub, it must protect and enforce the integrity of IP,” thedrugmaker added. It did not respond to Mint'squerieson itsnextsteps.