The Delhi High Court on Monday temporarily restricted the supply of Zydus Lifesciences' cancer drug Ikra after AbbVie alleged that the product infringes its patent rights.
While passing an interim order, Justice Jyoti Singh allowed manufacturing of the drug to continue but directed that no supplies of Ikra be made to Zydus or any third party from July 14 until further orders. The restriction will remain in place until the parties are heard further in the matter.
The dispute arises from a suit filed by AbbVie, which has accused Zydus of infringing its patent through the launch of Ikra, a cancer treatment drug that, according to Zydus' counsel, has been available in the market since July 2.
Importantly, the High Court clarified that it has not reached any conclusion on whether patent infringement has occurred. Instead, the court said a detailed "claim mapping" exercise would be required before examining the merits of the infringement allegations.
Claim mapping is a technical exercise commonly used in patent disputes to compare the features of an allegedly infringing product with the claims covered under a patent. The process often involves scientific and technical experts.
To facilitate that exercise, the court directed both sides to submit their proposed terms of reference as well as a list of experts who could assist in the claim mapping process.
The matter has been listed for further hearing on July 24.
For now, Zydus can continue manufacturing Ikra, but its ability to supply the drug has been temporarily halted pending further proceedings.
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