Boehringer wins interim injunction against Indian firms for copying anti-diabetes drug

German drugmaker Boehringer Ingelheim has obtained two separate interim injunctions against two Indian drugmakers – MSN Laboratories and Dr Reddy’s Laboratories (BSE: 500124) – which launched cheaper, generic versions of their anti-diabetic drug Jardiance (empagliflozin).

The ad-interim injunction restrains the two drugmakers from launching, making, using, offering for sale, selling, importing and/or exporting their respective generic version of empagliflozin drugs. Boehringer holds a patent for empagliflozin under the name Jardiance in India till 2025.

Orders were passed based on the prima facie satisfaction of the strength of Boehringer’s patent and on the patent infringement by the two Indian companies, the German company said, adding that its faith in the Indian patent system and the enforcement of patent rights is re-affirmed with this ad-interim injunction.

An official of Dr Reddy's noted that the company has filed a patent revocation petition before the Delhi High Court on October 16 to challenge the validity of the existing patent and that the Delhi High Court had issued notices accordingly to the concerned parties. The domestic company said it is monitoring the situation closely, and would continue to take all appropriate and timely action.

The generic version is expected to minimize the cost burden on patients in a country touted as the diabetic capital of the world, with over 77 million people suffering from type 2 diabetes.

Boehringer sells Jardiance through its own medical representatives, and has over the last few years roped in local drug makers Lupin and Cipla to market the drug under brand names Gibtulio and Oboravo, respectively.

While the 10mg dose of Dr Reddy's brand costs $0.20 per tablet against $0.68 of the innovator's brand, for the 25mg variant, the price is set at $0.24 per tablet against $0.82 of Boehringer’s drug.