ZYDUS LIFESCIENCES LIMITED vs E. R. SQUIBB AND SONS, LLC & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20 December 2025 Pronounced on: 12 January 2026 + FAO(OS) (COMM) 120/2025, CM APPL. 44383/2025, CM APPL. 44386/2025 & CM APPL. 44388/2025 ZYDUS LIFESCIENCES LIMITED .....Appellant Through: Dr. Abhishek Manu Singhvi and Mr. Dayan Krishnan, Sr Advs. with Mr. Adarsh Ramanujan, Ms. Bitika Sharma, Ms Vrinda Pathak, Mr. P.S. Manjunathan, Mr Rajnish Kumar, Ms. Aakashi Lodha, Mr. Shreedhar Kale, Mr. Parth Singh, Mr. Chanan Parwani and Mr. Rishi Agrawala, Advs. versus E. R. SQUIBB AND SONS, LLC & ORS. .....Respondents Through: Mr. Sandeep Sethi, Sr. Adv., Mr. Pravin Anand, Ms. Archana Shanker, Ms. Prachi Agarwal, Mr. Devinder Singh Rawat, Ms. Elisha Sinha, Mr. Manan Mondal, Mr. Krisna Gambhir, Ms. Shreya Sethi, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 12.01.2026 C. HARI SHANKAR, J. A Prefatory Note summarizing the judgment in conspectus Signature Not Verified FAO(OS) (COMM) 120/2025 Digitally Signed By:AJIT Page 1 of 34 KUMAR Signing Date:12.01.2026 12:10:17 1. This appeal throws up issues, for consideration, which are of fundamental importance, not merely as legal principles relating to the patent regime, but also vitally of public interest. 2. The impugned order restrains the appellant from manufacturing or releasing, in the market, its product ZRC 3276, which is an anti- cancer drug and is essential for treatment of a wide variety of life- threating carcinomas, on the premise that the product infringes the respondent’s patent. According to the appellant, treatment, using the appellant’s product, would be 70% cheaper than treatment using the respondent’s patented drug 5C4. 3. The Supreme Court has, in its decisions in Ramnik Lal Bhutta v. State of Maharashtra1 and