MSD-Glenmark drug patent row: Delhi HC reserves verdict

The Delhi High Court today reserved its verdict on US drug major Merck Sharp and Dohme's (MSD) appeal against a single judge bench order refusing to restrain Indian firm Glenmark from manufacturing and selling anti-diabetes drugs Zita and Zita-Met.

A bench of justices S Ravindra Bhat and Najmi Waziri reserved the judgement after the counsel for both the drug manufacturing firms concluded their arguments in the case.

MSD had earlier filed the intra-court appeal against the interim order of the single judge bench which, on April 5, had refused to restrain the Indian company from manufacturing and selling its medicines meant for treatment of Type-2 diabetes.

The single judge's order had come on the US firm's plea alleging 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 has said it had invented 'Sitagliptin' salt used in its anti-diabetes drugs and has patent over the molecule.

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

Sitagliptin Phosphate has been a distinct product from Sitagliptin and due to this, the US firm had obtained separate patent for Sitagliptin Phosphate in the US, the Indian firm has said.

MSD first applied for a separate patent for Sitagliptin Phosphate in India and later abandoned it, Glenmark has said.

On its part, the US drug firm has said anti-diabetes drug Januvia is not costly at Rs 43 a pill which is roughly 1/5th of its price in the US. According to market sources, Glenmark's version costs around 30% less.