Delhi HC permits rival’s expert to inspect Cadila’s regulatory filings in sealed cover, overriding confidentiality claims. SC to hear SLPs on 3 Nov 2026.
DHC Allows Disclosure of Regulatory Data in Cadila-Hetero Suit
In a significant discovery ruling, the Delhi High Court has allowed Hetero’s court-appointed expert to examine confidential regulatory data submitted by Cadila Healthcare in a patent dispute over a cancer drug. The court held that confidentiality claims cannot block judicial scrutiny when public interest and fair competition are at stake.
The order, issued ahead of two Special Leave Petitions pending before the Supreme Court on November 3, 2026, directed that the documents be provided in a sealed cover to ensure containment. The court emphasized the need for transparency in biosimilar litigation, where regulatory submissions often influence patent validity and market exclusivity.
For IP litigators, this underscores a growing judicial willingness to enforce Rule 10 of Order XXVI of the CPC, allowing inspection even in confidential regulatory dossiers under proper safeguards. It may set a precedent for balancing confidentiality with the right to a fair trial in complex pharma disputes.
Citations
- Order in CS (COMM) No. XX/2026, Delhi High Court, November 2026
