The Delhi High Court Thursday reserved its verdict on an appeal filed by US pharma company Merck Sharp and Dohme (MSD) challenging a court order refusing to stop Indian pharma firm Glenmark from making anti-diabetes drugs allegedly
violation its patent.
MSD said it made anti-diabetes patented drugs Januvia and Janumet, whose composition was allegedly copied by Glenmark.
A division bench of Justice S. Ravindra Bhat and Justice Najmi Waziri reserved the judgment after arguments by the counsel for both the drug manufacturers.
MSD has alleged that the Indian firm was violating its IPR by manufacturing and selling the Type-2 diabetes drugs under the brand name, and Zita-MET, as it contained 'Sitagliptin Phosphate' a formulation on which it has a registered US patent.
Earlier the court had refused to issue a restrain order on Merck's plea against Glenmark saying that "similarity of pharmaceutical composition of the products cannot be a ground for infringement".
