In a relief for U.S. drug major Merck Sharp and Dohme, the Delhi High Court on Wednesday restrained Indian firm Glenmark Pharmaceuticals from manufacturing and selling its anti-diabetes drugs Zita and Zita-Met.
“Injunction allowed,” Justice A.K. Pathak said. He added that the U.S. drug major shall be entitled to actual cost of the proceedings.
“In view of the finding returned on the above referred issues defendant is restrained by decree of permanent injunction from making using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin phosphate monohydrate or any other salt of Sitagliptin in any form, alone or in combination with any other drug thereby infringing patent of plaintiff [MSD],” the court said.
Earlier, in an interim order, a Division Bench of the High Court had restrained Glenmark from making or selling its drug, used for treatment of Type-2 diabetes.
The Bench had, however, on Glenmark’s oral plea to allow it to sell its goods already in the market, clarified that it “may sell such of the products which are already in the market i.e in possession of its distributors and retailers“.
However while granting the injunction, the High Court did not say anything about the sale of existing stock.
