Delhi High Court Refuses To Stay Order Allowing Dr. Reddy's To Manufacture And Export Semaglutide

The Delhi High Court on Friday refused Danish drug maker Novo Nordisk's plea for an immediate ex-parte stay on a single judge's order that allowed Dr. Reddy's Laboratories to manufacture and export Semaglutide-based formulations to countries where Novo Nordisk does not hold patent rights. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, while hearing Novo Nordisk's application for interim relief in its appeal, noted that the single judge had not rejected Novo Nordisk's injunction plea but had granted limited relief to Dr. Reddy's by permitting exports only to non-patent territories.In its appeal, Novo Nordisk argued that manufacturing the disputed drug substance itself amounts to infringement. The court acknowledged this contention but emphasised that the single judge's order was confined to permitting exports to jurisdictions where no patent exists. “We are aware that even manufacturing constitutes infringement nonetheless it is only an interim relief by which Dr. Reddy's can export to countries where Novo does not have patent, it has not been allowed to sell in India or export to countries where Novo has patent so on irreparable loss and balance of convenience, it is a very weak case today to grant a stay,” the court said. The court also noted that the single judge had compared the claim in Novo's patent with the claims in the prior art to assess whether the patented claim had already been disclosed. The single judge had observed that there appeared to be only one point of difference and that, for a person skilled in the art, is obvious. The Division Bench observed that, “whether it is obvious or not, is a matter which needs examination and cannot be decided on first day of hearing as it would require detailed analysis.” It further observed, “Had it been a case where there was a blanket rejection of Novo's interim application, we may have entertained it but single judge has given only a limited window for Dr. Reddy's and that, at this stage in these circumstances, is not something that calls for greater interference.” Instead of granting any interim relief, the court listed the appeal for final hearing and issued notice. Case Title: Novo Nordisk vs. Dr Reddys Laboratories Limited & Anr.Citation: 2025 LiveLaw (Del) 1700 Case Number: FAO (OS) (COMM)-204/2025

Delhi High Court Refuses To Stay Order Allowing Dr. Reddy's To Manufacture And Export Semaglutide

Ayushi Shukla

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