Interim injunction against sale of anti-diabetes drug ‘Vildagliptin’

Justice C V Karthikeyan on observing that since Novartis have made out a prima facie case, granted the interim injunction until June 14 and ordered notices on the two applications moved by Novartis through court and privately returnable by June 14. 

Based on another plea, the judge also appointed two Advocate Commissioners to visit the premises of NSPL, prepare an inventory and sign the books of account. They have been authorized to break open the locks, with the assistance of the local police, if access is denied. 

The judge also directed the advocate commissioners to take photographs and samples of the stock and submit a report. Novartis’s senior counsel, P S Raman, had contended that Novartis AG was granted patent for the invention of a new chemical entity product with the international non-proprietary name of ‘Vildagliptin’ which is prescribed for treatment of Type 2 Diabetes Mellitus with effect from December 09, 1999 till December 09, 2019. 

Noting that contrary to the assurance offered by NSPL in an earlier suit with a similar grievance leading to a decree being passed on July 31, 2015 that they will not sell the drug with the said derivative, the senior counsel submitted that. 

In direct violation of the terms NSPL had manufactured, sold, supplied and exported significant quantity of Vildagliptin to Egyptian pharmaceuticals companies during 2016-17. 

Further, pointing out that the importers of the drug in Egypt sell the said products under their own brand name and that NSPL is only marketing for profit to pull down Novartis, if the products of NSPL are not up to the required quality, they might even cause danger to innocent patients.