Delhi High Court Modifies Injunction on Zydus’ Anti-Cancer Biosimilar, Cites Public Interest

The Delhi High Court modified an interim injunction restraining Zydus Lifesciences from launching its anti-cancer biosimilar ZRC 3276, taking note of public interest and the impending expiry of the patent held by ER Squibb.

The Court observed that injunctions involving life-saving drugs must balance patent rights with patient access, and that merely labelling a product as life-saving does not bar injunctive relief.

However, since the product-to-claim mapping was found to be incomplete, the Court permitted Zydus to sell the drug.

To safeguard intellectual property rights, Zydus was directed to maintain audited accounts of sales to enable assessment of damages, if required.

[Zydus Lifesciences v. ER Squibb]