Glenmark gets respite in diabetes drugs case, SC to begin hearing on April 28

Business Today has learnt on Wednesday the Supreme Court judge Justice Ranjan Gogoi has stayed the injunction passed last week by the division bench of the Delhi High Court.

With this, analysts feel, Glenmark Pharmaceuticals gets a respite for the moment as it can resume sales of its medicines Zeta and Zeta-met used to treat diabetes. The High Court had earlier injuncted Glenmark from manufacturing Zita and Zita-met. Following this, the company had petitioned the country's apex court against the order.

However, analysts feel it is still early days and one needs to watch how the case proceeds in the Supreme Court.

For the moment, though, it would be a temporary setback for US multinational Merck Sharp & Dohme (MSD), which had filed a suit against Glenmark alleging a breach of its patents.

The Supreme Court will now decide on the injunction after the hearing the case. The hearing, BT learns, is to start from April 28.

The Delhi high court on Friday restrained Glenmark Pharmaceuticals from manufacturing, marketing or selling its anti-diabetes drugs Zita and Zita-Met, though this did not apply to its stock currently in the market.

Earlier, reacting on the High Court injunction, the Organisation of the Pharmaceutical Producers of India (OPPI), which has many global MNCs as its members, issued a statement where Ranjana Smetacek, Director General, OPPI was quoted as saying: "The OPPI welcomes the decision of the Hon'ble Delhi High Court, granting Merck Sharp and Dohme Corp (MSD) an interim injunction against Glenmark for patent infringement of MSD's medicines, Januvia and Janumet. This encouraging decision has considered contentious concerns that are based upon some underlying issues, which are common across many patent infringement cases."

It went on to add: "The research-based pharmaceutical industry thinks it imperative to build a climate that nurtures innovation and protects Intellectual Property, to let us better serve patients in India and around the world. We continue to believe that a strong, stable and predictable IPR regime is critical to a robust and innovative pharmaceutical industry - this includes strong laws and effective implementation."