In a significant development, the Bombay High Court has dismissed a pre-emptive lawsuit filed by Indian pharmaceutical company Zydus Cadila against Swiss multinational company Roche nearly a decade ago. The lawsuit related to Zydus Cadila’s biosimilar version of Roche’s blockbuster cancer drug Herceptin. The court’s decision brings an end to a long-drawn-out legal battle that had been plagued by procedural delays.
Zydus Cadila had filed the pre-emptive complaint in an attempt to stave off potential litigation from Roche over its biosimilar Herceptin. However, the Bombay High Court has now ruled that Zydus Cadila’s complaint was an “illusion” of a real dispute, implying that there was no genuine controversy between the two parties. This decision suggests that Zydus Cadila’s lawsuit was premature and lacked substance.
The dispute centered around Zydus Cadila’s development of a biosimilar version of Herceptin, which is a monoclonal antibody used to treat certain types of breast cancer. Roche had been selling Herceptin globally, including in India, and had been seeking to protect its patent and intellectual property rights. Zydus Cadila, on the other hand, had been trying to launch its biosimilar version of the drug in the Indian market.
By filing the pre-emptive complaint, Zydus Cadila had hoped to gain a strategic advantage over Roche. However, the court’s decision has now dismissed this lawsuit, paving the way for Roche to potentially take action against Zydus Cadila’s biosimilar Herceptin. This could lead to further litigation between the two companies, with Roche seeking to protect its intellectual property rights and Zydus Cadila fighting to launching its biosimilar product.
The Indian pharmaceutical industry has been witnessing a surge in the development of biosimilars, which are cheaper versions of biologic drugs. The court’s decision in this case is likely to have significant implications for the industry, as it sets a precedent for how pre-emptive lawsuits will be treated in the future. The decision also highlights the complexities and challenges involved in intellectual property disputes in the pharmaceutical sector, particularly in the context of biosimilars.