Swiss Pharma giant F Hoffmann La Roche (Roche) on Friday suffered a setback as the Supreme Court refused to restrain the Hyderabad-based Natco Pharma from manufacturing and selling the generic version of Risdiplam, used for the treatment of patients suffering from spinal muscular atrophy (SMA).

A bench of Justice P.S. Narasimha and Justice A.S. Chandukar, however, hoped that the Delhi High Court will try to take steps for expeditious disposal of the Swiss manufacturer’s plea challenging Natco’ alleged patent violation.

Spinal muscular atrophy is a rare genetic disease of the spinal cord that causes multiple problems to the lower part of the body, particularly motor neurons that control the limbs. Besides causing several muscle-related problems it also results in respiratory problems in the patients.

While Roche has been selling Risdiplam under the brand name of Evrysdi priced at around ₹6 lakh per bottle, Natco had launched the generic version of the same at a comparatively cheaper cost of ₹16,000 per bottle, which had triggered a patent war between the Swiss company and the Hyderabad-based firm.

The Delhi high court had earlier refused to injunct Natco from manufacturing or selling the generic version, aggrieved by which Roche had filed the present appeal.

The apex court made it clear that it was not interfering with the concurrent orders passed by a single judge bench of the Delhi high court and later by a Division Bench in October this year refusing to restrain Natco from manufacturing or selling the essential and rare drug.

The top court said the orders impugned by Roche were interim orders and Roche was free to argue its case further before the high court.