Delhi

HC restrains pharmacy from making cancer drug

Allowed Natco Pharma Limited to sell ones which are already manufactured

The Delhi High Court in an interim order restrained Natco Pharma Limited from carrying out any fresh manufacturing of drugs comprising the active pharmaceutical ingredient (API) ‘Ceritinib’, which is meant for treatment of non-small cell lung cancer (NSCLC).

The High Court, however, allowed Natco Pharma to sell the drugs already manufactured by it under the mark NOXALK (Ceritinib).

The court’s decision came on a plea filed by Swiss pharma major Novartis AG seeking an order restraining Natco Pharma from manufacturing and selling ‘Ceritinib’.

The case of Novartis is that it has been granted the suit patent for a novel and inventive compound ‘Ceritinib’, which is a drug meant for treatment of NSCLC.

It submitted that recently in March 2019, it came across Natco Pharma’s product under the mark NOXALK at a pharmaceutical conference at Kolkata. The packaging of the said product showed that Natco Pharma has launched `Ceritinib capsules’.

On the other hand, Natco Pharma’s counsel submitted that the molecule ‘Ceritinib’ is neither novel nor inventive. It submitted that it has already opposed Novartis patent by post-grant opposition.

The court remarked that Natco Pharma ought to have waited for the decision in the post-grant opposition, rather than launch the product.

“Considering that this is a drug for treating NSCLC stopping the sale of the Defendant’s products, which are already manufactured would not benefit the patient community in any manner,” the court noted.

“However, Natco Pharma, having been well aware of the fact that the patent stood granted and the fact that the post-grant opposition was pending adjudication, ought not to have launched the product while the decision was pending in the Patent Office,” the High Court noted while restraining it from carrying out any fresh manufacturing of ‘Ceritinib’ till the next date of hearing.

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Printable version | May 27, 2020 7:07:20 PM | https://www.thehindu.com/news/cities/Delhi/hc-restrains-pharmacy-from-making-cancer-drug/article27154485.ece

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