Delhi HC allows Biocon, Mylan to sell their drug for three kinds of cancer

The Delhi High Court on Friday allowed drug companies Biocon and Mylan to sell their version of Trastuzumab for two kinds of breast cancer and metastatic gastric cancer in view of the approval granted to it by the Drugs Controller General of India (DCGI).

"In view of the fact that appropriate authority has approved the package insert and the drug for all three indications (diseases), we feel there should be no restriction imposed at this stage with regard to second and third indication also," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said.

"Consequently, till further orders, Biocon and Mylan are permitted to sell Trastuzumab under their respective brand names for all three indications (metastatic breast cancer, early breast cancer and metastatic gastric cancer) on the basis of the approved package insert," the bench said in its interim order.

The single judge bench on April 25 last year had allowed the sale and manufacture of the cancer medicines of Indian drug company Biocon and US drug major Mylan but with certain restrictions on packaging and labelling.

The order was passed as their rival, Swiss pharma major Roche, which innovated Trastuzumab, had claimed that the two companies had not carried out all the required tests prior to manufacture and sale of their medicines, as was done by it.

Roche had also objected to the use of its clinical data by the two companies in the package inserts of their drugs, which was allowed by the single judge in respect of two diseases, early breast cancer and metastatic gastric cancer. As the single judge had not set aside the approvals granted by DCGI to the drugs of Biocon and Mylan, Roche had challenged the order.

Biocon and Mylan had appealed against the single judge order as restrictions were imposed on the use of clinical data in the package insert of their drugs, Canmab and Hertraz, respectively.

The division bench of the high court today said that in view of the approvals granted by DCGI, no restriction should be imposed on Biocon and Mylan and allowed them to sell their medicines for the three diseases with the package insert approved by the authority.

The court also directed Biocon and Mylan to maintain records of their sales and listed all the appeals for further hearing on March 31.