The Delhi High Court has ruled against granting of interim relief to US pharmaceuticals major Merck Sharp and Dohme (MSD) on a patent dispute with Indian firm Glenmark Pharmaceuticals.

MSD is seeking the court to restrain Glenmark from producing and marketing anti-diabetes drugs Zita and Zita-Met.  Justice Rajiv Sahai Endlaw of the Delhi High Court dismissed the interim application urging the court to restrain Glenmark Pharmaceuticals, which is based in Mumbai, from offering the drugs.  The American firm is claiming that the salt used in the drugs is not a generic salt and this leads to violation of its patents.

MSD is claiming that Glenmark is violating its actual property right (IPR) over its anti-diabetes medicines, Januvia and Janumet by offering its own drugs with the same salts.  The judgement will allow the Indian company to continue to offer cheaper drugs to customers in the country.  The court has kep the original petition pending for filing of evidence and other subsequent legal proceedings ahead of the joint registrar before 16 July, 2013.

A MSD spokesperson said, "MSD is extremely disappointed with the decision of denial of injunction by the Delhi High Court against Glenmark for patent violation of our drugs Januvia and Janumet.  MSD is considering all options, including an appeal of the decision."