Delhi High Court allows Sun Pharma to manufacture and export Ozempic-like drug, but no sale in India

The Delhi High Court on Wednesday recorded an undertaking from Sun Pharma that it will not sell its semaglutide formulation — the drug globally sold by Novo Nordisk as Ozempic — in India until Novo Nordisk’s patent expires [Novo Nordisk Vs Sun Pharma]..Based on the above, the Court allowed Sun Pharma to manufacture and export the drug to jurisdictions where no competing patent exists.Semaglutide, central to Novo Nordisk’s blockbusters Ozempic and Wegovy, is at the centre of heated patent enforcement globally amid soaring demand for diabetes and weight-loss indications.The suit by Novo Nordisk alleged infringement of its semaglutide patent. When Sun Pharma sought to rely on a December 2 ruling in an earlier case involving the same patent, Justice Manmeet Pritam Singh Arora reminded counsel that the benefit of that judgment came with compliance obligations..The Court noted the defendant’s assurance that its semaglutide product will only be exported to markets where Novo Nordisk does not hold patent protection. “Export to countries in which they don’t have patent. That is the affidavit in that matter,” the judge said, directing Sun Pharma to file an affidavit within two weeks to formally confirm the undertaking. During the hearing, Sun Pharma acknowledged that it is already producing the drug. Justice Arora directed that the company file quarterly account statements reflecting export or other relevant figures through March 2026, mirroring directions given in the earlier suit..Novo Nordisk was represented by Advocate Hemant Singh and Mamta Rani Jha from Inttl Advocare.Sun Pharma was represented by Advocate Rajeshwari Hariharan.On December 2, the Court had dismissed Novo Nordisk's application to restrain Dr. Reddy's Laboratories Limited and OneSource Specialty Pharma Limited from manufacturing and exporting Semaglutide.The Court found that Dr. Reddy's (defendant) raised a credible challenge to the validity of the suit patent by Novo Nordisk on grounds of prior claiming and obviousness.Dr. Reddy's was permitted to continue manufacturing the drug in India for export to non-patented territories, subject to maintaining accounts..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.