Monday, August 4, 2014

Via Pharmalot -- We Learn That India May Look Into Glenmark-MSD Mediation Terms -- On International Antitrust

Actually, it would be surprising if the Indian authorities did NOT look at the mediation settlement likely still being negotiated -- on sitagliptin, in country. [Our July backgrounder is here.] Afterall, it was Merck (MSD India) that sought to settle here -- which would imply that Merck is going to make payments to Glenmark, to keep the franchise either in restricted access, or at a price maintenance point. But we will wait to see the final terms, before we offer a concrete prediction as to the lawfulness of the same, under applicable in-India antitrust precepts.

Here is Ed's fine piece, on it and other cases, like it, in India -- and here is the original material (LiveMint) link:

. . . .The MSD-Glenmark talks to settle the patent infringement matter on diabetes drugs Januvia and Janumet (sitagliptin brands of MSD) were initiated by the US firm. Glenmark launched generic versions of these brands in India in 2013.

These companies have been fighting their respective patent infringement cases in the Indian courts. An out-of-court settlement could give both sides some respite from the prolonged judicial process involved in patent litigation. It may also impair access to affordable medicines, say legal and industry experts.

"They need to be examined on a case-to-case basis and the terms of the settlement need to be made public. This is because the factors such as an unusually high payout to the generic drug maker in question to stay away from the market may tip the scales in favour of a funding of anti-competitive behaviour," said Shamnad Basheer, a patent law expert and former intellectual property chair at the National University of Juridical Sciences, Kolkata. . . .

We will keep you posted, here.

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