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Delhi High Court bars Glenmark from making anti-diabetes drugs

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Glenmark Pharmaceuticals has been barred by the Delhi High Court (HC) on 20th March 2015 from making, marketing or selling its anti-diabetes medicines on the ground that it had prima facie infringed the patent of US drug giant Merck Sharp and Dohme (MSD).

Glenmark’s medicines, Zita and Zita-Met, cost 30 per cent less than MSD’s Januvia and Janumet, which is due to the customs duty paid by the US firm, the court said adding no allegation has been made that MSD sells its drugs at a relatively high price that hinders access to the drug.

A Bench of Justices S. Ravindra Bhat and Najmi Waziri, while granting an interim injunction in favour of MSD, also said that the price difference between the drugs of the two companies is not so startling as to compel the court to infer that allowing Glenmark to sell the drug at depressed prices would result in increased access.

The court also directed Glenmark to

  • undertake to pay such damages, if any, which may be decided by the court if the ultimate result of the suit is a decree in favor of MSD. 
  • The HC also directed Glenmark to give a true and correct account of all stock of its anti-diabetes drugs in its factory as well as those which are in the market and permitted to be sold.