The Supreme Court on Friday restrained Indian firm Glenmark Pharmaceuticals from manufacturing and selling its anti-diabetes drugs Zita and Zita-Met.
“At this stage, we would not like to enter into a detailed discussion of the merits of the order of the Division Bench of the High Court and our primary concern would be to balance the equities between the parties while maintaining public interest,” the Bench, led by Justice Ranjan Gogoi, said.
It further said that “going by the prima facie satisfaction recorded by the High Court, we are of the view that the unfinished formulation of Sitagliptin Phosphate Monohydrate [SPM] which is to be processed in the petitioner’s factory/factories will not be undertaken for the present and until the next date fixed.”
To finish stockThe apex court, however, allowed Glenmark Pharmaceuticals to continue selling existing stock of its anti-diabetes drugs Zita and Zita-Met in the market.
“In our view, in the present case, the above [balance of equities] would be best served if the existing stock of the two products viz. Zita and Zita-Met are allowed to be sold in the market which, according to the petitioner itself, can take care of the current demand in the market for five to six months, ” the Bench said.
HC restraintThe Delhi High Court, on March 20, restrained Glenmark from manufacturing, marketing or selling its anti-diabetes drugs, saying it had “prima facie” infringed the patent of U.S. drug major Merck Sharp and Dohme.
