ARTICLE · 16 MAY 2013

Patent Protection In India ?: Interim Injunction Refused For MSD’S Patent

Nishith Desai Associates

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Delhi High Court has refused to grant an interim injunction in favor of Merck Sharp and Dohme against Glenmark Pharmaceuticals in relation to MSD’s Sitagliptin patent in India.

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Ajay Chandru

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Delhi High Court has refused to grant an interim injunction in favor of Merck Sharp and Dohme (MSD) against Glenmark Pharmaceuticals (Glenmark) in relation to MSD's Sitagliptin patent in India. This rejection came very close to the Novartis order, leaving pharma industry wondering whether and how the patents can be obtained and enforced in India.

BACKGROUND

MSD filed a patent infringement suit in the Delhi HC on April 1, 2013 against Glenmark seeking permanent injunction and damages for infringing its patent on "Sitagliptin" by launching its products Zita and Zita Met. MSD also moved for interim injunction against Glenmark.

On April 4, 2013, after hearing both parties, the Delhi HC (Hon'ble Justice Rajiv Sahai Endlaw) refused to grant an interim injunction against Glenmark restraining it from launching its products Zita and Zita met.

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