A win worth the wait

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Pravin Anand, Dhruv Anand and Udita M Patro examine a landmark patent case

A recent decision passed by Justice AK Pathak of Delhi High Court on 7 October 2015 in favour of the plaintiffs/patentee inMerck Sharp & Dohme Corp & Anr v Glenmark Pharmaceuticals Ltd not only vindicates India’s patent law system but also offers a silver lining beyond dark clouds for innovators. The court upheld the validity and infringement of the plaintiff’s patent, in a first-of-its-kind order since the enactment of the Patents Act, 1970.

Brief facts

  1. Patent in question: Patent covering sitagliptin and its pharmaceutically acceptable salts.
  2. Drug in question: Sitagliptin phosphate monohydrate (a pharmaceutically acceptable salt of sitagliptin).
  3. Purpose of drug: To treat diabetes mellitus type II.
  4. Plaintiffs’ products: Januvia/Janumet and Istavel/Istamet.
  5. Defendant’s infringing products: Zita/Zitamet.
Pravin Anand
Pravin Anand

The patentee, Merck Sharp & Dohme (Merck), along with its licensee, Sun Pharmaceuticals, filed a patent infringement suit against Glenmark Pharmaceuticals in April 2013 when the latter marketed competitor drug products that infringed Merck’s patent for sitagliptin and its pharmaceutically acceptable salts.

When the matter initially came up before the judge, he disposed of the plaintiffs’ application seeking an interim injunction. The plaintiffs preferred an appeal against the decision of the judge. The division bench of Delhi High Court (Ravindra Bhat and Najmi Waziri) reversed this decision through their order dated 20 March 2015 by way of a speaking order, which held the plaintiffs’ patent to be prima-facie valid and infringed by the defendant’s products.

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Pravin Anand is the managing partner of Anand and Anand, where Dhruv Anand is a partner and Udita M Patro is a senior associate. Anand and Anand represented Merck in this case.

Anand_and_Anand_logo_NEW_2014Email: Pravin@anandandanand.comDhruv@anandandanand.com
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