New Delhi: In a setback for Novo Nordisk, the Delhi Excessive Court docket on Monday upheld an order allowing Dr. Reddy’s Laboratories to fabricate diabetes and weight-loss drug semaglutide in India for export to nations the place the innovator doesn’t maintain a patent, dismissing the Danish drugmaker’s enchantment.
A division bench of justices C. Hari Shankar and Om Prakash Shukla stated that it didn’t discover purpose to intervene with a earlier single-judge bench’s order that allowed Dr. Reddy’s to fabricate semaglutide and export it to non-patent nations.
The ruling comes simply days earlier than semaglutide loses its patent exclusivity in India on 20 March, which might permit generics to be manufactured and marketed domestically.
The division bench had reserved its order after a January 19 listening to. Novo’s enchantment challenges a 2 December 2025 order of justice Manmeet Pritam Singh Arora, who held, on a prima facie foundation, that semaglutide was not clearly distinct from earlier innovations coated by a broad “genus” patent.
The only-judge bench dominated that the innovator had did not make out a powerful case for an interim injunction to restrain Dr. Reddy’s from exporting the drug to nations the place no patent exists. The identical reduction was prolonged on 10 December 2025 to Solar Pharmaceutical Industries.
Novo Nordisk and Dr. Reddy’s didn’t reply to Mint’s queries.
The problem
Novo challenged the single-judge ruling, arguing that the order erred in holding that semaglutide lacked novelty. Throughout the listening to, Novo stated the sooner patent relied upon by generic firms coated solely a broad class of GLP-1 (glucagon-like peptide-1) molecules and didn’t particularly disclose or train semaglutide, which, it contended, has a novel chemical construction and long-acting properties.
Considered from the attitude of an individual within the know, it’s prima facie clear that semaglutide could be apparent from the teachings contained within the Genius Patent IN’964 and that, subsequently, a reputable problem to the validity of the swimsuit patent, beneath Part 64(1)(f), is made out, the division bench stated in its order.
“Even on this sole floor, because the impugned judgment is liable to be affirmed, we don’t deem it essential to enter into every other facet of the matter,” the order stated.
Part 64(1)(f) of the Indian Patent Act, 1970 permits for revocation of a patent if the invention is clear or doesn’t contain an creative step.
There are two methods this might transfer ahead. “Novo Nordisk now has the best to file an enchantment to the Supreme Court docket towards the division bench’s order. And secondly, the principle swimsuit which remains to be pending for the only decide will proceed by itself deserves,” a authorized skilled stated on the situation of anonymity.
If Novo wins
Ought to Novo Nordisk win the case even after the patent expires, it will be liable to gather damages from the opposite social gathering.
The primary dispute centres on semaglutide’s patent construction. The first patent for the molecule expired in September 2024, whereas a second formulation patent is legitimate till March 2026. On 12 Could 2025, Dr. Reddy’s challenged the validity of Novo’s second patent within the Delhi Excessive Court docket, saying that it lacks novelty. Quickly after, Novo Nordisk filed a patent infringement swimsuit towards Dr. Reddy’s.
Dr. Reddy’s has challenged this beneath Part 64 of the Patent Act, 1970, calling it an try at “evergreening” to increase monopoly safety.
The excessive court docket’s ruling comes as Indian firms rush to arrange for the launch of copycat generics of the blockbuster weight-loss drug this month, whereas innovators like Novo Nordisk will attempt to maintain on to their market share. The marketplace for GLP-1s was value ₹1,446 crore on a transferring annual complete foundation as of February 2026, in accordance with Pharmarack. Over 50 branded generic variations of semaglutide are anticipated to hit the market because the patent expires, Pharmarack stated in a report dated 7 March.