HC refuses interim relief to Merck

I do not find the plaintiff (MSD) to have made out a case for grant of interim relief.

Written by Press Trust Of India | New Delhi | Published:April 6, 2013 2:33 am

The Delhi High Court on Friday refused to grant interim relief on a patent row to US pharmaceuticals major Merck Sharp and Dohme (MSD) which sought a restraint on Indian firm Glenmark Pharmaceuticals manufacturing and marketing anti-diabetes drugs Zita and Zita-Met.

“I do not find the plaintiff (MSD) to have made out a case for grant of interim relief. The application is accordingly dismissed but with a direction to the defendant (Glenmark Pharmaceuticals) to diligently maintain accounts of the manufacturing/production and sales of the infringing products and to file the same before this court,” Justice Rajiv Sahai Endlaw said in the interim order.

The court’s order came on MSD’s plea alleging that the Glenmark has violated its intellectual property rights (IPR) over its anti-diabetes medicines,Januvia and Janumet,by coming in the market with their own drugs containing the same salts.

The court,which has kept the main petition of the US firm pending for adjudication,however,said,“Needless to state that any observation contained herein shall not have any bearing on the final decision of the matter.” The US firm had sought to restrain Glenmark from making and selling drugs Zita and Zita-Met for treatment of diabetes.

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