Delhi High Court restrained Glenmark from manufacturing its anti-diabetes drugs Zita and Zita-Met

The Delhi High Court on 20 March 2015 restrained Indian firm Glenmark Pharmaceuticals from manufacturing, marketing or selling its anti-diabetes drugs Zita and Zita-Met.

A bench of justices S Ravindra Bhat and Najmi Waziri said company has prima facie infringed the patent of the US drug major Merck Sharp and Dohme (MSD).

Further, the High Court directed the Indian firm to give an undertaking that it will comply with the order.

The bench, however, on Glenmark’s oral plea to allow it to sell its goods already in the market, clarified that it may sell such of the products which are already in the market, that is, in possession of its distributors and retailers.

It also allowed representatives of MSD to inspect the gate passes of the manufacturing facility of Glenmark to ascertain for them as to how much stock has already been distributed prior to the order and what remains in factory.

It directed MSD to give an undertaking that in the event it loses in patent infringement suit, it will compensate the Indian firm for the losses suffered by it.

The court also set aside its single judge’s order of April 2013, refusing to restrain Indian company from manufacturing and selling its medicines meant for treatment of Type-2 diabetes.

About the Case

MSD in its plea challenging the April 2013 order as well as seeking an interim injunction against Glenmark, had alleged that the Indian pharma company had violated its IPR over its anti-diabetes medicines, Januvia and Janumet, by coming out with their own drugs containing the same salts.

The US firm had said it had invented Sitagliptin salt used in its anti-diabetes drugs and has patent over the molecule.

Glenmark, on the other hand, had contended that it has used Sitagliptin Phosphate in its anti-diabetes drugs, Zita and Zita-Met, and the U.S. firm has no patent right over this salt.