In a first of its kind, in the history of IP in India, a permanent Injunction has been granted ,in an after-trial order in MERCK vs. GLENMARK in relation to IN 209816.
Merck, represented by Anand and Anand,Merck vs Glenmark had sued Glenmark in 2013 for infringing a patent on Sitagliptin,a chemical compound in Januvia and Janumet. The Delhi High Court denied interim relief to Merck . Aggrieved by the denial of interim relief ,Merck filed an appeal seeking an injunction at the Division Bench of the High Court. The bench reversed the order of the single Judge and granted interim injunction.
A Special Leave Petition was filed at the Supreme Court of India by Glenmark soon after the order along with an interim application seeking a direction to permit commencing of processing of unfinished formulation of Sitagliptin Phosphate Monohydrate to meet certain institutional commitments and also to effect supplies pursuant to tenders settled with the Petitioner.
The Apex Court essentially held that since the hearing of the main suit is at its final stage it would not be appropriate to pass any order allowing the reliefs sought in the said application as the same would not only be inappropriate but may also have the effect of creating certain new rights. The Apex Court however,allowed Glenmark to sell its inventory held by distributors and retailers.
With regard to the main petition the Supreme Court maintained the temporary halt to Glenmark ‘s production of generics of Sitagliptin. The Apex Court however asked the Delhi High Court to expedite the recordal of evidence and arguments and directed the proceedings in the matter to progress on a day-to-day basis.
The main matter has been disposed of and the order pronounced today grants permanent injunction to Merck against Glenmark.