Monday, July 6, 2015

Merck (MSD India) Is Back At The Hearing Court Level -- In India Sitagliptin Patent Battles Against Glenmark

The highest court in India has sent this matter back down to the trial court level, ordering that the disputed factual and legal claims be heard on a day to day basis, in between other matters. [Apparently this is what is meant when international legal experts say that there isn't much of a smooth and well-developed practice -- in India, over larger, multi-jurisdictional patent spats.]

It seems clear that the Indian judiciary would prefer that Glenmark and Merck work out an agreed settlement. I say this because while there is an order pending -- to end Glenmark's generic sales -- the order has been repeatedly stayed, and now we are back at the trial court level, for factual findings. Here is a bit -- from

. . . .The matter is now being considered by Justice A.K. Pathak of the Delhi high court and both the parties have been ordered to finish arguments in a fixed time frame of five days each. . . .

My earlier backgrounders are here, and here, among several that detail this four year saga. We will keep you posted. And so -- onward!

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