The Delhi High Court has granted an ex-parte temporary injunction restraining Mumbai-based Sun Generics from manufacturing and marketing pharmaceutical preparations bearing the trade mark OMZ 20. Dr Reddy''s Laboratories had filed an infringement case against Sun Generics in the Delhi High Court in mid-August. The matter has been slated to come up for next hearing in November. DRL has been manufacturing and selling Omeprazole under the brand name Omez since 1991.
According to a source at DRL, OMZ being marketed by Sun Generics was phoenetically and visually similar to Omez. The Court in its directive last weekend granted an ex-parte injunction restraining pharmaceutical preparations bearing the OMZ 20 trademark or any other deceptively similar trademarks. It also restrained Sun Generics from using similar packaging or cartons.
The DRL petition had asked for permanent injunction, rendition of accounts of profits illegally earned and damages against Sun Generics and Sunny Drugs and Pharmaceuticals Ltd which was manufacturing the product for Sun Generics, the source said.
In less than five months, this is the second time DRL is winning a case in the Delhi High Court for the same drug. In May this year, the court had ordered an inventory check on the Noida-based Dotsy Pharma to take into custody deceptive infringing packaging material. Dotsy was marketing a product Omes in Russia.
It may be recalled that DRL is fighting a case against US FDA, seeking reinstatement of its 180-day marketing exclusivity for Omeprazole 40mg capsules, the generic version of Prilosec, a $6 billion brand of the Anglo-Swedish drug firm.