The Delhi High Court today sought the response of Glenmark Pharmaceuticals on US drug major Merck Sharp and Dohme’s appeal against the single judge bench order refusing to restrain the Indian firm from manufacturing and selling anti-diabetes drugs Zita and Zita-Met.

A bench of Justices S. Ravindra Bhat and S. K. Mishra issued a notice to Glenmark and sought its reply by May 22 on the US firm’s plea challenging the single judge order.

The American drug major is involved in a patent row with Glenmark which recently came out with the two medicines in alleged violation of intellectual property rights (IPR) used in its drugs Januvia and Janumet

On April 5, a single judge bench of Justice Rajiv Sahai Endlaw, in an interim order, had refused to restrain the Indian company from manufacturing and selling its anti-diabetes medicines.

Justice Endlaw had said, “I do not find the plaintiff (MSD) to have made out a case for grant of interim relief. The application is accordingly dismissed but with a direction to the defendant (Glenmark Pharmaceuticals) to diligently maintain accounts of the manufacturing/production and sales of the infringing products and to file the same before this court with an advance copy to the counsel for the plaintiff.”

The court has kept the US firm’s main petition pending for filing of evidence and other subsequent legal proceedings before its joint registrar on July 16.

It had said any observation contained in the interim order would not have any bearing on the final decision of the matter.

The single judge’s order had come on the US firm’s plea alleging that the Indian pharma company has violated its IPR over its anti-diabetes medicines, Januvia and Janumet, by coming out with their own drugs containing the same salts.