Not Surprisingly, MSD India Denied Emergency Interim Relief — In The Glenmark “At Risk” Sitagliptin Launch

While the main case — seeking damages for Glenmark’s allegedly infringing launch of a generic version of sitagliptin (presently branded, and sold in India — by MSD India — as Januvia®, and Janumet®), the trial-level judge there has denied MSD the Indian equivalent of a TRO or injunction. That’s pretty understandable — given Monday’s Supreme Court decision regarding Novartis.

Here is a bit from the Indian news outlet — do go read it all:

. . . .The Delhi High Court on Friday refused to grant interim relief on a patent row to US pharmaceuticals major Merck Sharp and Dohme (MSD) which sought a restraint on Indian firm Glenmark Pharmaceuticals manufacturing and marketing anti-diabetes drugs [for Glenmark’s versions of sitagliptin]. Justice Rajiv Sahai Endlaw dismissed the interim application of the multinational pharma major, [saying] the Mumbai-based firm [should not] be restrained from manufacturing and selling the anti-diabetes medicines on the grounds that the salt used in the drugs were not of generic nature. . . .




We will keep you posted, but the central infringement case is likely to grind on for quite a while, in India. And all the while, now, Glenmark will be collecting reveune on sitagliptin — revenue that until last week, was going to Merck’s Indian subsidiary. Do stay tuned.



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