SC restrains Glenmark from producing anti-diabetes medicines

In a relief to US pharma major Merck Sharp and Dohme, the Supreme Court today restrained Indian firm Glenmark Pharmaceuticals from manufacturing and selling its anti-diabetes drugs Zita and Zita-Met.
"At this stage, we would not like to enter into a detailed discussion of the merits of the order of the Division Bench of the High Court and our primary concern would be to balance the equities between the parties while maintaining public interest.
"Going by the prima facie satisfaction recorded by the High Court, we are of the view that the unfinished formulation of Sitagliptin Phosphate Monohydrate (SPM) which is to be processed in the petitioner's factory/factories will not be undertaken for the present and until the next date fixed," a bench headed by Justice Ranjan Gogoi said.

The apex court, however, allowed Glenmark Pharmaceuticals to continue selling existing stock of its anti-diabetes drugs Zita and Zita-Met in the market.
"In our view, in the present case, the above (balance of equities) would be best served if the existing stock of the two products viz. ZITA and ZITAMET are allowed to be sold in the market which, according to the petitioner itself, can take care of the current demand in the market for five to six months i.E. September-November, 2015," the bench which also comprises Justice N V Ramana, said.
The Delhi High Court, on March 20, had restrained Glenmark from manufacturing, marketing or selling its anti- diabetes drugs, saying it has "prima facie" infringed the patent of US drug major Merck Sharp and Dohme (MSD).

The apex court also directed the Local Commissioner appointed by Delhi HC to record evidence on a day-to-day basis commencing May 20 and complete the recording of the evidence of both sides including cross-examination by June 30.
"Both the parties will cooperate and any perceptible lack of cooperation by either side will be noticed and recorded by the Local Commissioner to be placed before us. If required, the Local Commissioner will arrange a Special Venue for conduct of the proceedings before him which shall be held from 10:00 am to 5:00 pm with the usual break(s).
"If the Local Commissioner is otherwise overburdened on account of other commitments and is not in a position to comply with the time frame fixed by this Court, the trial judge shall be informed immediately and the trial judge may pass appropriate orders in the matter for appointment of a suitable Local Commissioner," the bench said.