Delhi HC rejects Roche's plea to block Natco Pharma on Risdiplam patent

Delhi High Court on Monday rejected Swiss multinational F. Hoffmann-La Roche AG’s petition seeking to temporarily restrain Natco Pharma from infringing its product patent for Risdiplam compound used for treating spinal muscular atrophy.

The court noted that the Roche’s approved drug Risdiplam, which is marketed under the name ‘Evrysdi,’ is not available at an affordable prices, thus the public interest would be to outweigh the need for grant of injunction (restraint order).

Roche had sought interim injunction against Natco Pharma to restrain infringement of its patent titled «compounds for treating spinal muscular atrophy». The multinational company claimed that its suit patent has a term of 20 years from May 11, 2015 and expires on May 11, 2035.

Stating that the court is not inclined to grant any injunction in favour of Roche, Justice Mini Pushkarna in her interim order held that Natco Pharma “has prima facie raised a credible challenge to the validity of the suit patent,” thus it is not inclined to accept Roche’s plea Justice. Further, balance of convenience is also against the plaintiffs and is in favour of the defendant, she added.

However, the court said that Roche can be compensated in damages. “Nonetheless, it is clarified that in case the plaintiffs (Roche) ultimately succeed in the trial, the defendant (Natco) shall be liable to pay damages to the plaintiffs. For this purpose, Natco shall file its list of assets, encumbered and unencumbered, along with its market value, before this court within four