Page 31 - A&A Patents&Design Rewind-2016

MERCK SHARP & DOHME EX-PARTE AD-INTERIM

INJUNCTION FOR SITAGLIPTIN MAINTAINED
Merck Sharp & Dohme Co. sued Teva API
India Pvt. Ltd. for infringement of its patent applications expeditiously, especially because an
IN 209816 covering the anti-diabetes ad-interim ex-parte injunction was in force, the
Division Bench also opined that the continuation of

drug Sitagliptin and obtained an ex-parte ad- the injunction was not causing any injuries to Teva.

interim injunction. Teva filed an application seeking The DB opined that marketing authorization would

review of the ad-interim ex-parte injunction order require 2-3 years while the interim application

on the ground that the products were not being could be decided prior to that, by the end of the

manufactured for commercial exploitation but for year 2016 and hence, the DB declined to interfere

export to countries where regulatory approval is with the injunction order of the Single Judge.

required. The review application was not heard by

the Single Judge and therefore, Teva filed an appeal The decision can be accessed at:-

before a Division Bench (DB) at the Delhi High http://lobis.nic.in/ddir/dhc

Court. While holding that the learned Single Judge PNJ judgement/31-05-2016/

should have made an attempt to decide the interim PNJ30052016FAOOSCOMM342016.pdf

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