IP Case Law › Patents › Merck Sharp & Dohme Corporation & Anr. v. Glenmark Pharmaceu…
Relevant Acts and provisions
Provisions considered: Patents Act, 1970 (infringement; counterclaim)
Brief facts
Merck sued Glenmark for infringing Indian patent IN 209816 (sitagliptin) by its products; Glenmark counterclaimed against the patent.
Free to read once you are signed in
Read the rest of this case note
The findings, the decision and the principle the court settled on are below. Create a free account to keep reading. No payment, and nothing to cancel.
Already have an account? Sign in
We use your details to give you access and to contact you about your enquiry. See our privacy policy.
Keywords
Actual Costs Counterclaim Patent Infringement Pharmaceutical Patent Sitagliptin
Read the judgment
More Patents judgments
Patents
Agriboard International LLC v. Deputy Controller of Patents and Designs
An order refusing a patent for lack of inventive step must contain a reasoned analysis of the prior art and of why the claimed invention would be obvious; an unreasoned order will be set aside and remanded.
Inventive StepPatent OfficePrior Art AnalysisReasoned OrderPatentsArray Biopharma Inc v. Deputy Controller of Patents and Designs
A combination of distinct and independent active drugs, each with its own chemical identity and mechanism, does not fall under the Section 3(d) bar for derivatives of known substances. Using phrases such as 'for simultaneous, sepa…
Inventive StepMethod of TreatmentPharmaceutical CombinationPrior ArtPatentsAstraZeneca AB & Anr. v. Intas Pharmaceuticals Limited
A patentee that has treated a later patent as coextensive in term with an earlier patent covering the same compound abroad cannot, at the interim stage, claim a longer period of protection for the later patent in India; interim re…
DapagliflozinEvergreeningGenus PatentInterim Injunction