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Glenmark Pharmaceuticals has petitioned the Supreme Court against an order of the high court (HC) here, barring it from selling anti-diabetic drugs Zita and Zita-Met.
The HC had recently did so over a prima facie violation of a patent owned by US multinational Merck Sharp & Dohme (MSD). The apex court is expected to hear the matter on Wednesday.
Patents enable innovators a 20-year protection on their original products. In 2013, MSD had filed a suit in the HC against Glenmark, alleging a breach of its patents on Januvia and Janumet.
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A bench of judges S Ravindra Bhat and Najmi Waziri had said the price difference between the two drug firms "is not so startling as to compel the court to infer that allowing Glenmark to sell the drug at depressed prices would result in increased access".
Glenmark's Zita and Zita-Met are about 30 per cent cheaper than MSD's Januvia and Janumet, also owing to the customs duty paid by the US firm, the court said, adding, "No allegation has been made that MSD today sells its drugs at a relatively high price that hinders access to the drug".
"In the present case, given the size of the diabetes drug market in India and the sheer number of patients from all economic strata of society, a demand for low-priced medicines will remain, rather than any distortion of demand due to brand loyalty or a first-mover's advantage to MSD," it said.
"A strong case can in some instances offset an equal balance of conveniences between parties. In this case, MSD has established a prima facie case of infringement."
