On 7 October, Delhi High Court barred generics manufacturer Glenmark Pharmaceuticals from selling, distributing, marketing and exporting its anti-diabetes drugs Zita and Zitamet. The court found that Glenmark had infringed US-based Merck Sharp & Dohme’s sitagliptin patent used in its anti-diabetes drugs Januvia and Janumet.
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In May, the Supreme Court restrained Glenmark from manufacturing Zita and Zitamet while Delhi High Court heard arguments from both parties in the dispute.
The conflict between the companies raises interesting questions about patent protection mechanisms, public interest, utility and the clash between generics and innovator companies. Zita and Zitamet are roughly 30% cheaper than Januvia and Janumet. However, the court stated that the price difference could not justify rejecting an injunction against Glenmark, which was not only a competitor but had infringed Merck’s patent.
Anand and Anand represented Merck on the case. Singh & Singh (now Singh & Singh Lall & Sethi) acted for Glenmark.
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