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Court-Case Bulletins
February 7, 2018

Merck Sharp & Dohme awarded injunction against apprehended launch of ‘Sitagliptin’ generic

In a patent infringement suit filed in apprehension of launch of an infringing product (a quiat time action), the Delhi High court relied upon certificate of validity of suit patent to decide permanent injunction.

In the matter of Merck Sharp & Dohme Corporation & Anr. v Aprica Pharmaceuticals Pvt. Ltd. [CS(OS) 1236/2013], the Plaintiff relied upon its patent for ‘Sitagliptin’ drug as well as certificate of validity in respect thereof (granted by Delhi High Court in a different suit) to seek permanent injunction against the Defendant’s apprehended launch of ‘Ecoglipt’ (a generic version of ‘Sitagliptin’). Reliance was placed on the text of two SMSes (which Defendant had released) for apprehending launch of infringing product by the Defendant. The Court, vide its decision dated November 14, 2017, granted permanent injunction in the suit. The decision was a summary decision (viz. without referring the matter to trial), as pressed upon by the Plaintiff.

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