Delhi High Court Allows Natco to Make Spinal Muscular Atrophy Drug in Public Interest

The Delhi High Court dismissed Swiss pharmaceutical giant Roche’s AG injunction plea against Indian drugmaker Natco Pharma Limited for allegedly infringing its patent on Risdiplam (Evrysdi), a drug for Spinal Muscular Atrophy (SMA). 

Justice Mini Pushkarna ruled that public interest outweighs Roche’s profits, as the drug is unaffordable in India (₹2.2M–₹7.2M annually). Natco challenged Roche’s patent, citing Section 64(1)(e), (f), and (j) of the Patents Act for prior publication, obviousness, and misrepresentation.

The Court emphasized that denying an injunction ensures wider access to treatment, while Roche can seek damages if it wins the case.