The
action comes a day after Swiss drugmaker Novartis AG (NOVN.VX)
lost a landmark court ruling over patent protection for its cancer treatment
Glivec, a decision widely seen as boosting India's generic pharmaceuticals
business.
Merck's
Indian unit, MSD, holds an Indian patent on sitagliptin, a chemical compound
sold under the Januvia and Janumet brands.
Although
the patent is yet to expire, Mumbai-based Glenmark confirmed it had launched
generic versions of the two drugs.
"Glenmark
is a responsible company and has launched the products after due diligence and
research," it said in an emailed statement.
MSD
filed its case with the Delhi High Court on Tuesday, saying it was disappointed
with Glenmark's decision to launch products that directly infringed its
intellectual property.
There
are about 65 million patients in India being treated for type 2
diabetes, MSD said.
"We
believe our patents for Januvia and Janumet are valid and enforceable and will
vigorously defend them," MSD said in an email to Reuters.
Januvia
costs nearly 1,300 rupees for a month's dose while Glenmark has offered the
drug at a discount of about 30 percent, an industry source said.
