Glenmark's marketing of a couple of diabetes generics in the United States continues to fluctuate like a yo-yo on a string. Now the India drugmaker can return the drugs to market until April 28.
After a hearing on Glenmark's appeal of an injunction placed on the drugs by the Delhi High Court, a two-judge panel of the Supreme Court decided to stay that stay. In other words, the Delhi court's injunction would be delayed from taking effect until the court considers the case on that date.
The court said it would take until the end of April for the court to hold a hearing on the merits of a patent violation suit brought by Merck ($MRK) for its Januvia (sitagliptin) and Janumet (with metformin).
Glenmark has been marketing--off and on because of court actions--its generics of the two drugs under the brand names Zita and Zita-Met, respectively.
The Supreme Court panel said the "heavens would not fall" if it enjoined the Delhi High Court's injunction. A panel of the Delhi High Court had granted an interim injunction against Glenmark on March 20 but allowed drugs already distributed to continue to be marketed.