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ARTICLE · 09 JUNE 2016

Teva Api India Pvt. Ltd. & Anr. Vs. Merck Sharp & Dohme Corp & Anr.

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In a recent patent infringement case Teva Api India Pvt. Ltd. & Anr. v. Merck Sharp & Dohme Corp & Anr. FAO (OS) (COMM) 34/2016, the Division Bench of the Delhi High Court vide its order dated May 30, 2016.

IndiaIntellectual Property
Lucy Rana
Lucy Rana
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In a recent patent infringement case Teva Api India Pvt. Ltd. & Anr. v. Merck Sharp & Dohme Corp & Anr. FAO (OS) (COMM) 34/2016, the Division Bench of the Delhi High Court vide its order dated May 30, 2016 dealt with the issue of expeditious hearing and disposal of applications seeking vacation of ex-parte ad interim injunctions within 30 days, as stipulated by the Indian Code of Civil Procedure, 1908

BRIEF FACTS:

  • The respondents originally sued the appellants alleging infringement of their rights flowing from Indian Patent No. 209816 concerning a molecule having an International No-proprietary Name, SITAGLIPTIN. It was the case of the respondents that the combination of Sitagliptin and another drug known as Metformin HCL is sold under the trademark JANUMET, while stand-alone Sitagliptin was sold under the trademark JANUVIA. The respondents alleged that the appellants are manufacturing and selling its patented product.

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