On the heels of the Supreme Court judgment on Novartis’ blood cancer drug Glivec, it is Merck’s diabetes drugs Januvia and Janumet that have now landed in Court.
Multinational drug maker Merck Sharp & Dohme (MSD) has filed a suit in the Delhi High Court against Glenmark for violating its patents on diabetes drugs Januvia and Janumet.
Responsible pricing
Confirming the development, Merck said, “We are disappointed in Glenmark's decision to introduce products that directly infringe upon our intellectual property. We believe our patents for Januvia and Janumet are valid and enforceable and will vigorously defend them.” Merck said it had introduced its drugs at “India-specific, responsible” prices.
Glenmark did not comment on the development, since it was in Court. It had recently launched its version of the two drugs, reportedly at 30 per cent Merck’s price.
When Merck introduced its drugs in 2008, they were pegged at one-fifth the US price. Both Merck’s drugs are priced at about Rs 42 for a day’s dose. While Januvia or sitagliptin phosphate is a once-a-day prescription, Janumet or Sitagliptin Metformin is taken twice a day.
Interestingly, Merck also has a separate marketing pact with local drug maker Sun Pharma to sell its diabetes drugs in India.
The Merck-Glenmark battle opens a new flank on the different patents being disputed at the Courts, patent offices or appellate boards in the country.
Since patents allow innovator companies a 20-year exclusivity on manufacture and distribution, it often raises concerns on whether this could give rise to a monopoly situation.
Without competition, an exclusive marketer could price a medicine beyond the reach of patients.
“As an innovative pharmaceutical company, protection of our intellectual property is vital to ensure that we continue to assume the tremendous monetary risks associated with the discovery of innovative medicines,” Merck said.
On Monday, the Supreme Court had dismissed Novartis’ plea on its blood cancer drug Glivec, on the grounds that it was not new or inventive.