Delhi HC restrains a pharma firm from infringing Merck Sharp’s patent

The Delhi High Court has restrained a pharmaceutical company from infringing Merck Sharp & Dohmr Corp’s patent subject Active Pharmaceutical Ingredient (API) Sitagliptin its intermediates or any product, which infringes its patent. The order was passed on 9 June.

“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 order reads.

“Accordingly, the defendant, its directors, employees, officers, agents and all others acting forand 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 SITAGLIPTIN its intermediates or any product, which infringes plaintiff No.1’s patent... ,” it added.

Merck Sharp & Dohmr Corp said it is in the business of manufacturing various drugs, which includes the drugs for treatment of diabetes as well.

It has been averred by the petitioner that it is the owner of the patent which covers, amongst others, a molecule having an International Non-Proprietary Name (INN), namely “Sitagliptin”

It is claimed by the plaintiffs that the defendant company Angels Pharma India Private limited is attempting to manufacture the Active Pharmaceutical Ingredient Sitagliptin , and, thus, infringing the rights of the plaintiff company.

The counsel for the plaintiffs, also referred to the defendant’s website, which is indicative of the fact that the defendant is representing to the world at large that it is in a position to supply and manufacture, amongst other APIs, the API in issue i.e. Api Sitagliptin.

“I am of the view that, at least at this stage, the plaintiffs have been able to establish a prima facie case in their favour. 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,” the court said.

The matter would next be heard on 22 June.