HC restrains Glenmark for its anti-diabetes drug
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Providing a major sigh of relief to the US drug major Merck Sharp and Dohme (MSD), the High Court has ruled a decision in its favour, protecting its IPR subjected interest for an anti-diabetic drug; against the generic version manufactured by Glenmark.
As a result, Glenmark has been directed by the High Court not to manufacture, market or distribute its anti- diabetic drug Zita and Zita-met, in lieu of the infringement of the rights of the American company.
As a part of the landmark judgment, MSD is also entitled to the actual cost of the proceeding on the case.
This decision comes after the high court had earlier, in an interim order, directed Glenmark to stop manufacturing its drugs, which is used to treat type-2 diabetes. However, it had allowed the company to sell its existing stock in the market.
"In view of the finding returned on the above referred issues defendant is restrained by decree of permanent injunction from making using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin phosphate monohydrate or any other salt of Sitagliptin in any form, alone or in combination with any other drug thereby infringing patent of plaintiff (MSD)," the court said.
As a result, Glenmark has been directed by the High Court not to manufacture, market or distribute its anti- diabetic drug Zita and Zita-met, in lieu of the infringement of the rights of the American company.
As a part of the landmark judgment, MSD is also entitled to the actual cost of the proceeding on the case.
This decision comes after the high court had earlier, in an interim order, directed Glenmark to stop manufacturing its drugs, which is used to treat type-2 diabetes. However, it had allowed the company to sell its existing stock in the market.
"In view of the finding returned on the above referred issues defendant is restrained by decree of permanent injunction from making using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin phosphate monohydrate or any other salt of Sitagliptin in any form, alone or in combination with any other drug thereby infringing patent of plaintiff (MSD)," the court said.
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