HC restrain Glenmark from selling anti-diabetes drugs

New Delhi: The Delhi High Court on Wednesday restrained Mumbai-based Glenmark Pharmaceuticals Ltd from making or selling its generic anti-diabetes drugs Zita and Zita-Met while holding it infringing patent of a US drug maker Merck, Sharp and Dohme Corporation.

Justice A.K. Pathak found Glenmark of infringing Merck's invention since its product contained sitagliptin phosphate monohydrate - an active ingredient that improves the efficient management of the condition of a patient suffering from type II diabetes.

Merck had moved the court in 2013 saying that the active ingredient of Glenmark's anti-diabetic drugs was also patented in India and that the generic drug manufacturer had infringed on its patent rights.

The US drug maker in its plea had sought injunction against Glenmark alleging it of violating its patent rights. Merck sell its anti-diabetic product in India under the brand name "Januvia" and "Janumeta".

In its order, the court said: "Defendant (Glenmark) is restrained by a decree of permanent injunction from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in sitagliptin phosphate monohydratea infringing the suit patent of the plaintiffs (Merck)."

The court said it cannot allow Glenmark continue to manufacturing and marketing its generic drugs just because it is selling the drugs at a lower price than that of Merck but however, did not order Glenmark to pay any compensation to Merck and only directed it to pay the actual costs of the two-year-long litigation.

Earlier, in an interim order, a division bench of the high court had restrained Glenmark from making or selling its drug, used for treatment of type-2 diabetes.