Delhi HC Restrains Firm From Infringing on MSD Diabetes Drug Sitagliptin

New Delhi: In a major relief to Merck Sharp & Dohme Corp, the Delhi High Court has barred YMS Laboratories Private Limited from infringing on Merck Sharp & Dohme Corp's patent rights on the popular diabetes drug Sitagliptin or any other pharmaceutically acceptable salts.

This was followed by an application filed by Merck under Order 39 Rule 1 and 2 CPC seeking an ex-parte injunction to restrain the YMS Laboratories, its partners, directors, Signature, employees, officers, servants, agents etc. from manufacturing, using, selling, distributing, advertising, exporting, offering for sale or in any manner directly or indirectly dealing in any product that infringes the claimed subject matter of the Merck's Indian Patent No.209816 or any other claims thereof including SITAGLIPTIN or any other pharmaceutically acceptable salts.

Developed by Merck Sharp & Dohme (MSD), a UK subsidiary of Merck & Co, sitagliptin is used for treating type 2 diabetes mellitus. Sold under the brand name Januvia (sitagliptin phosphate) is an antihyperglycaemic drug containing an orally active inhibitor of the dipeptidyl peptidase-IV (DPP-IV) enzyme.

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.