US drugmaker gets interim relief on diabetes drug patent row

The Delhi High Court has restrained an Indian pharmaceutical company from launching its diabetes drug allegedly having identical molecule and derivative salt of the patented drug manufactured by US drugmaker Merck Sharp and Dohme Corporation (MSD).
The ex-parte interim order was passed on June 17 on the lawsuit filed by MSD seeking to restrain domestic firm Aprica Pharmaceuticals Pvt Ltd from manufacturing and promoting its diabetes drug.
The US pharma major alleged the Indian company was coming out with the diabetes drug with Sitagliptin molecule and its derivatives salt in which it has registered patent right.
MSD claimed it holds an Indian patent on Sitagliptin, a chemical compound sold under the Januvia and Janumet brands used to treat type 2 diabetes.

Justice Sanjeev Sachdeva said "I am of the view that in case ex parte injunction is not granted to the plaintiff (MSD) and defendant (Aprica) is able to launch the product, irreparable loss and injury would be caused to the plaintiff which cannot be compensated in terms of money..."
"Till the next date of hearing, defendant, its directors, employees, officers, servants, agents are restrained from selling, distributing, advertising, exporting, offering for sale and in any other manner, directly or indirectly, dealing in any product that infringes the subject matter of the plaintiffs," the court said and issued A notice to the Indian pharmaceutical company and posted the matter for August 13.

Claiming that it has patent in over 102 countries for the drug, MSD said "huge investment has been made in the invention of the said molecule and the sales in India alone and are in crores and in case the defendants are able to launch their product infringing the patent of the plaintiff, irreparable loss and injury would be caused to it(MSD).