MERCK SHARP & DOHME CORP. & ANR. vs RANVIR KUMAR BINDESHWARI SINGH & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.01.2026 Judgment delivered on: 23.01.2026 CS(COMM) 1075/2018, I.A. 10890/2018, I.A. 15200/2018, I.A. 11751/2022 & I.A. 188/2025 MERCK SHARP & DOHME CORP. & ANR. .....Plaintiffs versus RANVIR KUMAR BINDESHWARI SINGH & ORS. ....Defendants Advocates who appeared in this case: For the Plaintiffs : Mr. Pravin Anand, Ms. Tusha Malhotra and Ms. Sugandha Yadav, Advocates. For the Defendants : None. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present suit has been filed seeking a decree of permanent injunction to restrain the defendants from infringement of registered Patent no.209816, damages, rendition of accounts, delivery up and costs. 2. The facts as stated in the plaint are that Plaintiff no.1, Merck Sharp & Dohme Corp., is the owner of the Indian Patent No.209816 (hereinafter referred to as ‘the suit patent’) that covers, amongst other molecules, a molecule having an International Non-Proprietary Name (INN), SITAGLIPTIN, which has the following chemical structure:- Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:23.01.2026 CS (COMM) 1075/2018 Page 1 of 17 16:31:34 3. It is stated that the said molecule was invented by the plaintiff no.1, which holds patents for the same in 102 countries worldwide and commercially sells the same in India under the brand/commercial name JANUVIA. It is also stated in the plaint that the plaintiff no.1 manufactures another product which is a combination of SITAGLIPTIN and another drug known as METFORMIN HCI which falls under the protection afforded to the suit patent. It is stated that the said combination is sold by plaintiff no.1 under the brand/commercial name JANUMET. The plaintiff also sells its invention under the