Merck Sharp & Dohme Corp. v. Achemic Pharmaceuticals (India) Pvt. Ltd.

CS(COMM) 112/2020

The plaintiffs, holding patents and licenses for Sitagliptin (under trade names ISTAVEL and ISTAMET), filed a suit alleging that the defendant was manufacturing and selling the drug under the brand name TwoTrack, thereby infringing their patent. The court found that the plaintiffs had made out a prima facie case and granted an ex parte ad interim injunction.

Jurisdiction
India
Court
Delhi High Court - Orders
Case Number
CS(COMM) 112/2020
Judge(s)
Mukta Gupta

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in Merck Sharp & Dohme Corp. vs Achemic Pharmaceuticals (India) Pvt. Ltd. is valuable context for structuring arguments or assessing risk in similar proceedings.

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