While the Times makes no mention of it, the obvious implication here would be that if Merck should lose the patent case in India (to Glenmark), then MSD India would simply ink a distribution deal with Sun to sell sitagliptin in India — at 10 or 20 per cent below whatever price Glenmark quoted, for its sitagliptin phosphate.
We will have to watch this patent litigation wend its way through the Indian courts, throughout the summer months, but Glenmark may not ultimately see the vast returns it is hoping for — should MSD and Sun decide to team up, to undercut Glenmark’s sales, in India. Here is a bit of the Times report (quoting a local Indian Merck spokesperson) — do go read it all:
“. . . .We [MSD India] have not taken any legal action against Sun, nor any other generic in the US, as they have taken a position of respect for the basic sitagliptin compound patent. . . .”