Delhi HC restrains firm from infringing Merck diabetes drug Sitagliptin

"Even though the defendant was served via email on 08.06.2020, the defendant has not joined the proceedings," the counsel apprised the court.

After hearing the facts of the case, the court was of the view that, at least at this stage, the plaintiffs have been able to establish a prima facie case in their favour.

The court noted;

"Since it is averred that the defendant has not commenced commercial production of the subject API i.e. API SITAGLIPTIN, the balance of convenience is also in favour of the plaintiffs."

"It appears that if the plaintiffs are not protected, their interest would get jeopardized. Furthermore, it would also affect the interest of the public at large, since, the plaintiffs are dealing in drugs, which are commonly used by the patients suffering from diabetes," the court added.

Subsequently, the court pronounced its order as quoted;

"Accordingly, the defendant, its directors, employees, officers, agents and all others acting for and on its behalf are restrained from manufacturing, using, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or indirectly, dealing in either the subject API i.e. API SITAGLIPTINor its intermediates or any product, which infringes plaintiff No.1's patent i.e. Indian Patent No.209816."

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