Court restrains Indian pharma firm from infringing on Boehringer's linagliptin patent

The Himachal Pradesh High Court in India has restrained Macleods Pharmaceuticals, from infringing on the patent rights of Boehringer Ingelheim's linagliptin, marketed under the trade name Trulicity. The family-owned German drug major holds the patent for linagliptin till August 18, 2023, said the judge.

Earlier, Boehringer Ingelheim had obtained separate court orders, granting permanent injunction and an ad-interim injunction restraining several domestic drug companies from manufacturing and selling generic versions of linagliptin.

Boehringer had launched a combination of two antidiabetic medicines: metformin and linagliptin in the Indian market under the brand name Trajenta/Trajenta Duo.

The Court has restrained Baddi-headquartered Macleods Pharmaceuticals from infringing on the patent rights of Boehringer.

In the suit filed by Boehringer on linagliptin, Justice Ajay Mohan Goel earlier said "...the unrebutted facts, at least till this stage, that there exists an Indian Patent 243301 in favour of the applicants, which is to expire on August 18, 2023 and the respondent, without any valid patent or authorization/license from the applicant, has started manufacturing and selling the infringing product under the brand name of Linamac and Linaone."

Passing the order, Justice Goel observed: "If an infringer is not restrained from infringing the patent, the patent holder will suffer from irreparable loss and it cannot be said that the infringer stands on the same pedestal on which the patent holder is."

It was contented by the petitioner that the patent is a commercially successful patent, and that linagliptin tablet and linagliptin + metformin hydrochloride tablets, covered by the patent, were introduced and launched in the Indian market under the brand name Trajenta/Trajenta Duo.

Boehringer has also obtained two separate interim injunctions against two Indian drugmakers – MSN Laboratories and Dr Reddy’s Laboratories (BSE: 500124) – who launched cheaper, generic versions of their anti-diabetic drug empagliflozin. Boehringer holds a patent for empagliflozin in India till 2025.