No interim relief to Merck against Glenmark's diabetes generics

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Delhi High Court has refused to bar Glenmark from selling the generic versions of anti-diabetic drugs manufactured by Merck Sharp  Dohme.
Delhi High Court has refused to bar Glenmark from selling the generic versions of anti-diabetic drugs manufactured by Merck Sharp Dohme.

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MUMBAI/ NEW DELHI: The Delhi High Court has refused to bar Indian drugmakerGlenmark from selling the generic versions of two anti-diabetic drugs manufactured by US-based

Merck Sharp Dohme (MSD). While Mumbai-based Glenmark welcomed the order, MSD said it would consider all options, including an appeal against the decision.

The order, passed on Friday, is yet to be put up on the court’s website. “We are very happy with the outcome of the court case. We maintain that Glenmark’s Zita and Zita-Met do not infringe any of Merck’s patents in India,” a spokesperson for Glenmark said in an emailed response to ET’s query on the development. Last week Mumbai-based Glenmark had launched Zita and Zita-Met, the generic versions of MSD Pharma’s antidiabetic drugs Januvia and Janumet, respectively, prompting the American pharma giant to seek an interim injunction on sale of Glenmark’s versions, alleging patent infringement.

Zita and Zita-Met are versions of the class of drugs known as sitagliptin phosphate, for which Glenmark claims it has a marketing approval. These drugs are 20%-30% cheaper than MSD’s Januvia and Janumet, which are patented and enjoy IP protection of 20 years in India. A spokesperson for MSD said the company would consider all options, including an appeal against the decision. “MSD is extremely disappointed with the decision of denial of injunction by the Hon’ble Delhi High Court against Glenmark for patent violation of our drugs Januvia and Janumet,” the spokesperson said in response to ET’s emailed query on the development.

The court decision is likely to impact MSD’s share in the domestic anti-diabetes drug market, which is growing at an average rate of 20%.

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