Roche vs Zydus: Supreme Court asks Delhi High Court to expeditiously decide cancer drug case

The Supreme Court Monday asked Delhi High Court to expeditiously decide the issue related to interim injunction in Switzerland-based F-Hoffmann-La Roche AG's case against Zydus Lifesciences over manufacture of a breast cancer drug by the latter [Zydus Lifesciences Ltd v F Hoffman La Roche AG and Anr]

This was after Zydus moved the top court against the restoration of an injunction order restraining it from manufacturing, selling or marketing its cancer drug 'Sigrima'.

A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar remarked that at times, the practical impact of orders is more important than the case itself.

"Having regard to peculiar facts and circumstances, we are not issuing notice but remitting it back to single judge ... Let the matter be fixed on December 2 and let it be decided expeditiously," the Court ordered.

The Swiss company has filed a patent infringement against Zydus, taking objection to the production of 'Sigrima', alleged to be a biological similar of a breast cancer drug Pertuzumab (Perjeta).

The High Court had recently restored a single-judge order restraining Zydus from manufacturing, selling or marketing the product 'Sigrima'. This led to the appeal by Zydus before the apex court.

At the hearing today, Senior Advocate Dushyant Dave appeared for Zydus and said his clients were ambushed.

"What is happening in the High Court, it is shocking!," Dave said.

"Any interim order passed are subject to the final orders being passed. The impugned order does not appear to be correct since it did not go into the question," CJI Khanna then remarked.

However, Senior Advocate Mukul Rohatgi, appearing for Roche, said there was no reason to vacate the earlier interim injunction.

The High Court had on November 5 deferred hearing in the matter due to pendency of the case before top court. The matter is listed before the single-judge on December 2.

The applications related to interim injunction are to be considered afresh by the Court. In the meantime, the interim injunction order against Zydus would remain in operation.

Senior Advocates Mukul Rohatgi, Sandeep Sethi and Arvind Nigam with advocates Pravin Anand, Shrawan Chopra, Archana Shankar, Prachi Agarwal, Achyut Tewari, N Mahavir, Riya Kumar and Agnish Aditya appeared for Hoffman Roche.

Senior Advocate Dushyant Dave and Rajiv Nayar with advocates Bitika Sharma, Vrinda Pathak, Sandhya Kukreti, SL Soujanya and Rajnish represented Zydus.