Daily News & Analysis, August 02 ,2007

Novartis has moved the Madras High Court on Wednesday against the Intellectual Property Appellate Boards (IPAB) decision in the Glivec case, in which the company is fighting the case to obtain a patent on its anti-cancer drug.

On July 20, IPAB shot down Novartis appeal to drop former controller general of the Indian Patent Office, S Chandrasekaran, as IPABs technical member for the Glivec case.As Chandrasekaran was responsible for the original rejection of the Glivec patent, Novartis believes that Chandrasekaran cannot act as an impartial member of the appellate board.

Novartis is optimistic about its appeal in the high court thanks to a recent Delhi High Courts decision against Chandrasekaran. In the case involving Magotteaux International, Delhi High Court said that Chandrasekaran cannot be a technical member on IPAB as he has earlier dealt with the matter under appeal.

Apart from this Glivec case, Novartis is also awaiting the final judgement from the Madras High Court for its second case. In the second case, the Swiss company has challenged constitution of Indian Patent Act.