New Delhi: The Supreme Court on Wednesday stayed till April 28 the order of Delhi High Court barring Indian pharmaceuticals major Glenmark from making, marketing or selling its anti-diabetes medicines in which US drug major Merck Sharp and Dohme (MSD) has claimed a patent right.
"Upto April 28, there will be an interim stay on the order of the High Court," said a bench comprising Justices Ranjan Gogoi and N V Ramana.
Senior advocates Abhishekh Singhvi and Pratibha M Singh appeared for Glenmark which is defending its medicines - Zita and Zita-Met - meant for treatment of diabetes.
The Indian company's plea was opposed by advocates T R Andhyrujina and Praveen Anand, who contended that there was blatant violation of worldwide patent on MSD's Januvia and Janumet.
However, the bench said "heavens would not fall if we grant injunction" and issued notice to MSD, saying the matter would be heard after four weeks.
Zita and Zita-Met cost 30 per cent less than MSD's Januvia and Janumet, which is due to the customs duty paid by the US firm, the High Court had said, adding, "No allegation has been made that MSD today sells its drugs at a relatively high price that hinders access to the drug."
MSD had challenged the April 5, 2013 order of a single judge of the High Court who had refused to restrain Glenmark from manufacturing and selling its medicines meant for treatment of Type-2 diabetes.