The Battle for Semaglutide: Novo Nordisk vs. Sun Pharma
The race to capture the lucrative market for Semaglutide generics has intensified in India. As of December 2025, the Delhi High Court is witnessing a flurry of legal activity involving Danish giant Novo Nordisk and Indian generic major Sun Pharmaceutical Industries.
1. The Core Dispute
At the heart of this litigation is Indian Patent No. 262697. Novo Nordisk, the innovator behind Ozempic and Wegovy, is seeking a permanent injunction to prevent Sun Pharma from manufacturing, selling, or exporting the active pharmaceutical ingredient (Semaglutide) before the patent's expiration.
2. The "Dr. Reddy's" Precedent
This lawsuit does not exist in a vacuum. It is being heard in the immediate shadow of a landmark ruling delivered on December 2, 2025, involving Dr. Reddy's Laboratories (DRL).
In that parallel case, the Delhi High Court delivered a split verdict that is likely to influence the Sun Pharma outcome:
- Domestic Sales Blocked: DRL was restrained from selling Semaglutide within India until the patent expires.
- Exports Allowed: Crucially, the court refused to stop DRL from manufacturing the drug for export to countries where the patent is no longer valid.
3. Legal Arguments & Strategies
Novo Nordisk's Stance
Novo argues that manufacturing the drug in India—even if solely for export—constitutes an infringement of their valid Indian patent rights. They are attempting to hold the line until the formulation patent expires in March 2026.
Sun Pharma's Defense
Sun Pharma, aligned with other generic manufacturers, relies on two main pillars:
- Patent Invalidity: Arguing that the core innovation patent expired in 2024 and the current patent represents "evergreening."
- Section 107A (Bolar Exemption): Utilizing Indian Patent Law which permits manufacturing for regulatory development and export to non-patent markets.
4. Strategic Implications for 2026
For investors and industry watchers, the implications are clear. The litigation is essentially a "holding action" by Novo Nordisk.
While Sun Pharma may be blocked from the Indian domestic market for a few more months, they are likely securing the right to manufacture and stockpile the drug immediately. This positions them for a rapid launch the moment the patent cliff arrives in March 2026.
Disclaimer: This article provides a summary of ongoing litigation for informational purposes only and does not constitute legal advice. Patent status and court rulings are subject to change.

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