Supreme Court Upholds Public Interest in Cancer Drug Case

The Supreme Court ruled in favor of Zydus Lifesciences, allowing the company to sell its affordable biosimilar of the cancer drug Nivolumab, amidst ongoing patent protection challenges from Bristol Myers Squibb (BMS).

During the hearing, Chief Justice Surya Kant and Justice Joymalya Bagchi directed that BMS be provided a sample of the biosimilar for direct mapping against their patented product. The court noted that given the impending expiration of the patent in May 2026, limiting access in the final months could harm public welfare.

Zydus has been permitted to market the drug locally until the patent expires, following a Delhi High Court ruling in January in favor of patient access. The ruling highlighted the public interest, emphasizing that continued access to life-saving drugs substantially outweighs the patent holder's exclusive rights, especially when the generic version facilitates wider affordability and reach.