Drug patent row: Merck challenges interim order

Delhi High Court to hear the review petition today

US pharmaceutical major Merck Sharp & Dohme (MSD) has filed an appeal before the Delhi High Court, challenging a single Bench order refusing to grant interim relief to it on a patent row against Indian firm Glenmark Pharmaceuticals. The court will hear the matter tomorrow.

The April 5 order of the single Bench had dismissed MSD's plea to restrain Glenmark from manufacturing and marketing anti-diabetes drugs Zita and Zita-Met.

The single judge had also directed Glenmark to "diligently maintain accounts of the manufacturing/production and sales of the infringing products" and to file the same before it.

In its earlier plea, MSD said it invented 'Sitagliptin' salt, used in the anti-diabetes drugs, and has a patent over the molecule. It alleged the Indian pharma company violated the intellectual property rights by coming in the market with their own anti-diabetes drugs containing the same salt.

Glenmark argued it used Sitagliptin Phosphate in its anti-diabetes drugs Zita and Zita-Met and, therefore, the US firm had no patent right over this salt.

Sitagliptin Phosphate has been a distinct product from Sitagliptin and due to this, the US firm had obtained separate patent for Sitagliptin Phosphate in the US, the Indian firm said.

It said MSD had earlier applied for a separate patent for Sitagliptin Phosphate in India as well, but later abandoned it.