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.
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:
ReplyDeletehttp://economictimes.indiatimes.com/news/news-by-industry/healthcare/biotech/pharmaceuticals/sun-pharma-gets-fda-nod-for-generic-version-of-januvia/articleshow/19571542.cms?prtpage=1
http://timesofindia.indiatimes.com/business/india-business/US-nod-to-Sun-for-Merck-drug-sale-raises-eyebrows/pmarticleshow/19571824.cms?prtpage=1