Delhi High Court upholds order allowing Dr Reddy’s to manufacture Ozempic-like drug for export

A Division Bench of the Delhi High Court on Monday upheld an order permitting Indian pharma giant Dr Reddy's to manufacture diabetes management and weight-loss drug Semaglutide in India for export to countries where Danish company Novo Nordisk does not hold patent protection over its sale under brand names like Ozempic [Novo Nordisk Vs Dr. Reddy's]..A Division Bench of Justices Hari Shankar and Om Prakash Shukla said it found no reason to interfere with the single-judge Bench's decision to accept Dr Reddy’s argument that Novo Nordisk’s species patent covering Semaglutide appeared vulnerable to revocation for being obvious.“We therefore see no reason to disturb the impugned judgment of the learned Single Judge,” the Court observed while dismissing Novo Nordisk's appeal in the matter.A copy of the order is yet to be made available. .The Division Bench also clarified that even if the single judge may have conflated certain statutory provisions while discussing the grounds for revoking a patent, the finding on obviousness alone was sufficient to sustain the order.At the same time, it clarified that the observations made in its ruling are prima facie in nature and will not influence the final adjudication of the patent dispute when the suit is decided on merits..Semaglutide is marketed under brand names such as Ozempic, Wegovy and Rybelsus by Novo Nordisk.Novo Nordisk holds a 2014 species patent covering Semaglutide. Last year, it filed a patent infringement suit before the Delhi High Court to restrain Dr Reddy’s from manufacturing the compound in India.Dr Reddy’s contested the claim, arguing that Novo Nordisk's patent lacked novelty and inventive step (requirements for a valid patent) in light of Novo Nordisk’s earlier genus patent, which had expired in 2024.In a December 2, 2025, ruling, a single-judge Bench of the Delhi High Court held that the Semaglutide patent appeared vulnerable to revocation under Section 64 of the Patents Act, 1970. The single judge observed that the compound modification leading to the creation of Semaglutide seemed obvious, in light of prior art, including the earlier genus patent and scientific literature.Based on these findings, the single judge passed an interim order allowing Dr Reddy’s to manufacture Semaglutide in India strictly for export purposes, clarifying that the permission did not extend to domestic sale.It dismissed Novo Nordisk's application to restrain Dr. Reddy's Laboratories Limited from manufacturing and exporting the said drug. Novo Nordisk challenged this decision before a Division Bench of the Delhi High Court. The Division Bench, on December 12, 2025, declined to stay the single-judge ruling and instead opined that the appeal itself should be heard finally..The Division Bench noted that the single judge had delivered a detailed ruling after comparing the patent with prior art and had found substance in Dr Reddy's challenge to Novo Nordisk's patent’s validity.The Bench observed that the core reasoning of the single judge’s order prima facie supported the conclusions reached.At the same time, the Court clarified that the validity of Novo Nordisk’s patent would require detailed examination at the stage of final disposal of the appeal. Since the single judge had limited the relief to export-only manufacture, the Bench held that the matter did not warrant the grant of interim relief. Today, the Court dismissed Novo Nordisk's appeal challenging the single-judge's interim ruling. .Novo Nordisk was represented by Advocates Hemant Singh and Mamta Rani Jha from Inttl Advocare..Dr. Reddy's was represented by Senior Advocates Gopal Subramanium and Sai Deepak with Advocates Siddhant Goel and Mohit Goel from Sim & San..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.