Delhi HC Restrains Firm From Infringing on MSD Diabetes Drug Sitagliptin

The hearing for the instant case was conducted by Justice Jayant Nath through video conferencing.

In its submission, the council for Merck averred that the suit patent No.209816 was granted by the Indian Patent Office on September 6, 2007 and marketing Approval for the same was also granted by the Drug Controller General of India (DCGI) on 31.10.2007.

Merck learnt that YMS Laboratories is infringing on/will infringe on the aforementioned Merck patent.

Proceeding further, the learned council for Merck referred the court to the previous order where Reliance was placed on an injunction order passed by this court on 02.09.2013 in CS (OS) 1688/2013.

After hearing the facts of the case, the court noted, "Plaintiffs have made out a prima facie case in their favour."

The court added, "Balance of convenience is in favour of the plaintiffs and against the defendant."

Subsequently, the court pronounced its order as quoted;

"The partners, directors, employees, agents etc. of the defendant are restrained Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.06.2021 10:34:50 from manufacturing, using, selling, distributing, advertising, exporting or offering for sale directly or indirectly any products that infringes the said plaintiff's Indian patent including SITAGLIPTIN or any other pharmaceutically acceptable salts."
Furthermore, the court directed Merck Sharp & Dohme Corp to comply with Order 39 Rule 3 CPC within five days.