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Novartis' patent plea adjourned to Feb 22

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Press Trust Of India Chennai
A division bench of the Madras High Court today adjourned hearing on the litigation filed by Swiss pharmaceutical firm Novartis AG challenging the Indian patent law.
 
The Centre has opposed the company's stance to convert its writ petition into a regular statutory appeal.
 
The Bench comprising Justice R Balasubramanyam and Justice Prabha Sridevan posted the matter to February 22 for the next hearing.
 
During today's proceedings, Additional Solicitor General (ASG) V T Gopalan appearing for the Centre contended that there was no question of conversion of a writ petition into a regular appeal after nine months of filing.
 
Gopalan said Novartis, at the time of filing petition, itself voluntarily opted for a writ petition. The company had filed two batches on writ petition under Article 226 of the Indian Constitution challenging the validity of Section 3D of the Indian Patent Act and order of the patent controller who denied patent for its cancer drug Gleevec.
 
Senior counsel Soli Sorabjee, appearing on behalf of Novartis AG, contended that Section 3D of the Act was not valid.
 
Meanwhile, senior counsel Shanti Bhushan and Habibullah Badshah, also appealing for the pharma giant, asked the court to convert their writ petitions into a regular appeal. This was widely opposed by the Indian Generic Manufacturers.
 
Cipla's counsel Arun Datar said Novartis has already lost its opportunity and it was too late for such conversion. This was also supported by Ranbaxy and other generic manufacturers.
 
On January 29, the high court had accepted the applications of Indian Pharmaceuticals Alliance, Indian Generic Manufacturers and Sun Pharma to make them party in the ongoing case.
 
Novartis also wanted to place the Mashelkar Committee report, which said denying market monopoly (patents) to minor inventions are against India's International trade obligations on record, which was opposed by the Indian government.
 
The pharma giant had in June challenged government's decision to grant it patent for its cancer drug Gleevec while allowing competitors to produce it.It then launched a full-fledged legal battle with the Indian government at the Madras High Court challenging provisions of the Indian patent laws.

 
 

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First Published: Feb 17 2007 | 12:00 AM IST

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