In a landmark ruling, the Delhi High Court has refused to grant an injunction to Roche, a pharmaceutical company, in a patent dispute over a cancer drug called Evrysdi (Risdiplam). The Court’s decision was guided by precedent, citing a previous case where an injunction was denied in a cancer drug case due to high pricing and limited availability. According to the Court, the approved drug Evrysdi, which is used to treat Spinal Muscular Atrophy (SMA), is not available at reasonably affordable prices in India. Therefore, the Court opined that if another party can manufacture the drug and make it available at an affordable price, the public interest would outweigh the need for an injunction.
The Court further noted that SMA is a debilitating disease with no cure, and Evrysdi is the only approved drug for treatment in India. The Court’s decision to deny the injunction ensures wider access to treatment for patients with SMA, while allowing Roche to seek damages if it ultimately prevails in the case.
In effect, the Court is encouraging the development of affordable alternatives to Evrysdi, which would benefit patients with SMA. By doing so, the Court is promoting the public interest in access to healthcare, particularly for rare and debilitating diseases like SMA. The ruling is seen as a significant step towards making complex and expensive treatments more accessible to the masses, paving the way for greater innovation and competition in the pharmaceutical industry. Overall, the Delhi High Court’s decision is a significant victory for patients’ rights and has the potential to set a precedent for future patent disputes in the country.