“Reserved?” Or “Reversed?” Spellings Count In Glenmark India Sitagliptin Patent Case

UPDATED | 08.02.13 @ 3:30 PM EDT:

I am not at all sure (afterall — no Indian patent lawyer, am I), but it would seem that “reserved” is the right word.

I think, in the parlance of Indian patent law, that means the Indian three judge court won’t rule from the bench, orally — now that the proceedings have concluded. No, they will wait, and issue a formal, published written opinion, at some later date. So, again, we wait.

I think it is significant, however that just this morning, a second Indian patent appeals court has followed the watershed Gleevec holding — this time, on a cancer drug — and invalidated an “incremental” patent claim, by the original branded innovator.

Moreover, the latest invalidated branded pharmaco patent simply claimed a salt form of the original, patented base compound — in an apparent Evergreening attempt in India. [Sounds a bit like sitagliptin vs. sitagliptin phosphate, no?]


I’ll try to get a better translation, but here is a bit, local to India. We still don’t know the outcome, for certain. Depends on translation/spelling of one word. Wild.

Do stay tuned — I’ll source a more authoritative answer.

. . . .The Delhi High Court reserved [Ed. Note: Sp?] its order on the appeal of US drug major Merck Sharp and Dohme’s (MSD) against a single judge order which had turned down the patent rights of the company and allowed Indian firm Glenmark to manufacture and sell the ant-diabetic drug Zita and Zita-Met. . . .

As I say — wild. Wild Wild.


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