Vibhuti Narayan Sharma, Bennett University
BACKGROUND OF THE CASE
On 21st October, 2020 the Delhi High Court conveyed its judgment looking into it of encroachment of the patent of Sitagliptin, an enemy of diabetic medication. In the Present matter, the offended party (Merck Sharp and Dohme Corporation) looked for directive against encroachment by the respondent, of the offended parties development, Sitagliptin, an enemy of diabetic medication (Indian Patent No. 209816 (IN816, in short).
The offended party fought that the respondent by promoting, available to be purchased, Sitagliptin Hydrochloride in its Active Pharmaceutical Ingredients (APIs) and Analytical Standards has encroached IN 816 of the offended party.
In the current case, the Delhi High Court saw that the litigant is publicizing the offer of medication Sitagliptin. The litigant asserted the accessibility of Sitagliptin Phosphate for an amount of Rs. 1 lakh for 1 Kg to the specialist during a request. Further, the court believed that the offended party has a legitimate and remaining alive patent being IN 816 for which an endorsement of legitimacy has as of now been allowed by the court.
