S. Ravindra bhat, J.

1. The appellant – Merck Sharp & Dohme (hereafter “MSD”) – is aggrieved by the dismissal of its application for an ad interim injunction restraining the respondent/defendant Glenmark Pharmaceuticals (hereafter “Glenmark”) from using its patented product Sitagliptin (Indian Patent No. 209816, hereafter “the patent” or “the suit patent”). MSD, in its suit, claimed permanent injunction restraining infringement of the patent, damages, rendition of accounts and delivery up. The suit patent concerns a drug which lowers blood sugar levels in Type 2 Diabetes Mellitus ("T2DM") patients. Glenmark was on caveat: the learned Single Judge heard the parties at the first hearing. Glenmark opposed the application for ad interim injunction and relied on documents produced during the hearing. The learned Single Judge rejected the injunction application.

MSD’s Contentions - Pleadings and Submissions

2. MSD, a New Jersey incorporated company, imports and sells the drugs in question, after local packaging, under the trademarks “Januvia” and “Janumet”, in India. In addition, MSD also works its invention through Sun Pharmaceutical Industries Ltd, the second plaintiff, its