Merck Sharp & Dhome and Sun Pharma, who have a co-marketing tie up for Merck's diabetes drug Januvia, have now included a patent licensing agreement in their arrangement in a bid to strengthen their case. Merck and Sun are fighting a patent infringement suit against Glenmark
Merck and Sun are together fighting a patent infringement suit against Glenmark after it launched generic versions of Merck’s diabetes drugs Januvia & Janumet in India.
Merck has now licensed its patents on Januvia to Sun Pharma in India. This was a mandatory procedural requirement, which was missing when Merck and Sun Pharma filed a patent infringement suit against Glenmark on April 1. Now, any company filing a patent suit or becoming party to a patent case needs to have a license for that patent.
But here, Sun Pharma, which was a co-plaintiff in the Januvia patent case, did not have any license for Januvia’s patent.
This error was highlighted by Glenmark’s attorneys in their arguments in the Delhi HC and could have weakened Merck and Sun’s position in this case. Sources say the two companies formalised the licensing agreement, signed it on May 16 and registered it in the Patent Office on May 21. This agreement will not have any impact on the existing marketing tie-up that Merck and Sun had signed in 2011, under which Sun sells Merck’s diabetes drugs in India under the brand names of Istavel and Istamet
Merck and Sun are together fighting a patent infringement suit against Glenmark after it launched generic versions of Merck’s diabetes drugs Januvia & Janumet in India.
Merck has now licensed its patents on Januvia to Sun Pharma in India. This was a mandatory procedural requirement, which was missing when Merck and Sun Pharma filed a patent infringement suit against Glenmark on April 1. Now, any company filing a patent suit or becoming party to a patent case needs to have a license for that patent.
But here, Sun Pharma, which was a co-plaintiff in the Januvia patent case, did not have any license for Januvia’s patent.
This error was highlighted by Glenmark’s attorneys in their arguments in the Delhi HC and could have weakened Merck and Sun’s position in this case. Sources say the two companies formalised the licensing agreement, signed it on May 16 and registered it in the Patent Office on May 21. This agreement will not have any impact on the existing marketing tie-up that Merck and Sun had signed in 2011, under which Sun sells Merck’s diabetes drugs in India under the brand names of Istavel and Istamet