Boehringer Ingelheim gets interim injunction against Dr. Reddy’s Labs, MSN Labs against copies of anti-diabetes drug

German drug maker Boehringer Ingelheim (BI) has obtained two separate interim injunctions against Hyderabad-based Dr. Reddy’s Labs and MSN Labs, the two local drug makers that recently launched low-priced versions of its popular anti-diabetes drug empagliflozin. Under the brand Jardiance, BI holds a valid product patent in India until 2025.

In a statement to ET, BI confirmed it has obtained separate orders granting ad-interim injunction that restrains the two domestic pharmaceutical manufacturers from launching, making, using, offering for sale, selling, importing and/or exporting their respective generic version of empagliflozin drugs.

The company added the orders have been passed based on the prima facie satisfaction of the strength of Boehringer Ingelheim’s patent and on the patent infringement by the two domestic pharmaceutical manufacturing companies. Our faith in the Indian patent system and the enforcement of patent rights is re-affirmed with this ad-interim injunction.

MSN declined to offer any comments while a statement from Dr. Reddy’s is awaited.

In its Oct. 18 edition, ET first reported Dr. Reddy’s had launched Vicra, the copies of empagliflozin that may trigger a battle related to the validity of patents on the drug. MSN launched its product as Empaone.

In its statement last week, MSN noted it developed the active pharmaceutical ingredient and the finished dosage formulation of Empaone at its research center and the product is fully indigenous.

The case will be watched closely as Jardiance is a flagship brand for the German drug maker in India and leads a class of latest generation anti-diabetes drugs called SGLT-2 (sodium glucose co-transpoter-2). While Boehringer Ingelheim sells Jardiance through its own medical representatives, over the last few years it roped in local drug makers Lupin and Cipla to market the drug under brand names Gibtulio and Oboravo.

Jardiance sales stand at roughly INR250 crore in a market that is expanding rapidly due to its benefits over some other anti-diabetes drug categories.

The 10 mg variant of Dr. Reddy's brand costs Rs 15 per tablet against Rs 51 of the innovator's brand. For the 25 mg variant, the price is set at Rs 18 per tablet against Rs 62 of BI's drug. Online pharmacy 1mg shows Jardiance is sold at a 25% price discount.