Friday, April 12, 2013

Merck’s Appeal Transferred to Justice Ravindra Bhat, Will Hear on Interim Injunction, Notice Issued to Glenmark

I had reported two days ago that Merck had preferred an appeal against refusal by the Single Judge to grant interim injunction against Glenmark for alleged infringement of Merck’s patented drug Sitagliptin. I have been informed by a dear friend and a well-wisher of the blog, Ms.Sneha Jain, that the appeal which was listed before Justice Sanjay Kishan Kaul has been transferred to the Division Bench presided by Justice Ravindra Bhat.

Today when the appeal was listed before Justice Bhat, he appeared to take the view that the order passed by the Learned Single Judge was prima facie unsustainable because Merck could not have been expected to foresee the defenses of Glenmark and factor them in its Plaint. Justice Bhat has decided to hear the matter on merits on the issue of grant of interim injunction. Accordingly, notice has been issued to Glenmark directing it to file its reply to Merck’s application for interim injunction (under Order 39, Rules 1 and 2 of the CPC).

We will keep our readers posted on the developments in the matter.

1 comment:

  1. Thanks for the constant updates on this case Sai. It may be interesting to note that SunPharma who is a co-plaintiff with Merck in this case has received a tentative nod from the US FDA for its generic version of Januvia. SunPharma's ANDA applciation at the FDA almost 13 years before the expiry of the drug patent indicates that Sun's generic would not infringe upon Merck's patent or that Sun believes the patent to be invalid. More information could be found in the articles here: