In the latest tussle over access to medicines, an Indian court has upheld a ruling that found it would be in the public interest to allow a generic company to sell a lower-cost version of a pricey rare disease drug sold by Roche. And the closely watched case is being hailed by patient advocates as an example in which public health is taking precedent over corporate profits.
Last March, the Delhi High Court questioned the validity of key Roche patents on its Evrysdi treatment for spinal muscular atrophy, a genetic disorder that causes certain muscles to become weak and waste away. One severe form of the disease can lead to death by age 2 if left untreated.
At the time, the court did not revoke the Roche patents, which expire in 2033 and 2035, but noted that Natco Pharma, the generic company, made credible technical arguments for invalidating the patents. More significantly, the court also signaled that a generic alternative would benefit the public.
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