Merck Obtains Ex-Parte Ad-Interim injunction

Our Associate, Caroline Mathews discusses “Merck Obtains Ex-Parte Ad-Interim injunction”

Recently, Merck Sharp & Dohme Corporation (“Plaintiff”), filed a suit against Kepnic Pharmaceutical (“Defendant”) for infringement of its drug Sitagliptin.  

The Plaintiff, the registered owner of the patent resulting in the formulation of Sitagliptin, sold the product under the brand name JANUMET. Additionally, the Plaintiff contended that it had filed numerous lawsuits filed before the court in which its claim to the patent was upheld and it was also granted a certificate of validity.

A representation of the Plaintiff’s product is shown below:

n June 2020, the Plaintiff became aware of the manufacture and sale of the KEPSIMET-branded products with the formulation of Sitagliptin through a patient. As per the Plaintiff, the KEPSIMET drug was being manufactured and sold by the Defendant who had already procured a license for the manufacture of the drug. Aggrieved by this, the Plaintiff moved to court seeking a permanent injunction along with an application for the grant of an interim injunction.

The court took into consideration the Plaintiff’s patent resulting in the formulation of Sitagliptin, the Plaintiff’s numerous lawsuits in which its claim to the patent for the drug Sitagliptin was upheld and the Plaintiff’s suit wherein it was granted a certificate of validity by this court. Based on this, the court concluded that the Plaintiff’s has made a prima facie case and granted an ex-parte ad interim injunction.

Citation: Merck Sharp & Dohme Corp. & Anr. v. Kepnic Pharmaceutical, CS(COMM) 271/2020, Order dated July 23, 2020