Comments
Close to two years after Merck and Glenmark locked horns over diabetes drugs Januvia and Janumet, the Delhi High Court has restrained Glenmark from making and marketing its versions of the drug.
While Merck Sharp & Dohme (MSD) expressed its happiness with the injunction granted against Glenmark’s “patent violation” of its diabetes drugs, Glenmark said it would appeal the decision at a higher court.
“The company is seeking legal advice on the next steps and will take appropriate action,” Glenmark said, adding that the injunction was not applicable for its products (Zita and Zita-met) already available in the market.
Multinational MSD had in 2013 filed a suit in the Delhi HC against Glenmark for violating its patents on diabetes drugs Januvia and Janumet. The case had come close on the heels of the Supreme Court’s path-breaking judgment on Novartis’ blood cancer drug Glivec, where its plea for patent protection had been dismissed.
Responding to the Friday injunction against Mumbai-based Glenmark, MSD added, “We believe our patents for Januvia and Janumet are valid and enforceable and will continue to defend them.”
Patents give innovators a 20-year protection on their original product. Glenmark’s rationale in launching its version of the diabetes drugs was that it believed there was no infringement because MSD did not have a patent on the diabetes products they were selling in India, a source familiar with the development explained.
India pricesThough price is not relevant in a patent debate, it becomes a point of interest, nevertheless. MSD had launched its diabetes drugs in 2008 at what it defined as “India-specific responsible” pricing — that is, at one-fifth the US price.
Both Merck’s drugs were priced at about ₹42 for a day’s dose. While Januvia, or sitagliptin phosphate, is a once-a-day prescription, Janumet, or sitagliptin metformin, is taken twice a day, a source had said, when the case was filed.
Merck has a separate marketing pact with local drug maker Sun Pharma to sell these diabetes drugs in India.
Glenmark had launched its version of the drugs at 30 per cent Merck’s price.
Comments
COMMENT NOW
Comments
Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.
We have migrated to a new commenting platform. If you are already a registered user of TheHindu Businessline and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.