Skip to main content

Merck vs Glenmark – India’s first decree in favour of the patentee in a contested patent infringement suit

The patentee Merck Sharp & Dohme Corp. (Merck), along with its licensee Sun Pharmaceutical Industries Ltd., filed a patent infringement law suit against Glenmark Pharmaceuticals Ltd. in April 2013, when the latter marketed competitor drug products which infringed Merck’s patent for Sitagliptin and its pharmaceutically acceptable salts.

When the matter initially came up before the Single Judge, he refused to grant an interim injunction and disposed of the application of the Plaintiffs seeking interim injunction. The Plaintiffs preferred an appeal against this decision and the Division Bench of the Delhi High Court reversed this decision vide their order dated March 20, 2015, by way of a speaking order which held the Plaintiffs’ patent to be prima facie valid and infringed by the Defendant’s product.

This order of the Division Bench was challenged by the Defendant before the Supreme Court, which vide order dated May 15, 2015 not only re-instated the interim injunction granted by the Division Bench of the Delhi High Court, but also took cognizance of the “commercial” nature of the matter and the delay already caused in the matter, and passed strict directions expediting the suit.

As a result of the “one of a kind” directions passed by the Supreme Court , evidence recorded in the matter, which involved cross-examination of seven witnesses – three of whom were foreigners, was concluded in around one and a half months. Further, in less than five months from the ordering of an expedited trial in the matter, the Judgement had been finally delivered.

Most Recent

News & Insights

VIEW ALL
News & Updates
Sep 15, 2025

Aishwarya Rai Bachchan & Abhishek Bachchan personality rights case Dhruv Anand talks to PTI TV about the significance of the order passed by the Delhi

Aishwarya Rai & Abhishesk Bachchan personality rights: Dhruv Anand’s exclusive with PTI TV
News & Updates
Sep 12, 2025

Aishwarya Rai Bachchan personality rights case: As Delhi HC grants interim protection to the Actor, Mr Pravin Anand spoke exclusively to ANI (Asian News

Aishwarya Rai personality case: Pravin Anand’s exclusive with ANI
News & Updates
Sep 12, 2025

Team Anand and Naik recently represented Mr. Abhishek Bachchan before the Delhi High Court, helping him secure his personality and publicity rights. Hon’ble

Team Anand and Naik Secures Personality Rights Protection for Mr. Abhishek Bachchan
News & Updates
Sep 11, 2025

Team Anand and Naik recently represented Mrs. Aishwarya Rai Bachchan before the Delhi High Court, helping her secure protection of her Personality and

Team Anand and Naik Secures Personality Rights Protection for Mrs. Aishwarya Rai Bachchan