[Ip-health] Novartis Update: Supreme Court adjourns final hearing to 11 September2012

Prathibha Sivasubramanian prathibha.siva at gmail.com
Wed Aug 22 06:50:08 PDT 2012

Novartis Update: Supreme Court adjourns final hearing to 11 September2012

22 August 2012, New Delhi.

As directed by the Supreme Court of India on 10 July 2012, the
petition filed by Novartis AG, challenging the Intellectual Property
Appellate Board's rejection of its appeal against the Indian Patent
Office’s refusal to grant it a patent for the beta-crystalline form of
imatinib mesylate, and related matters were listed today before a
bench comprising Justice Aftab Alam and Justice Ranjana Desai.  The
case has now been re-scheduled to 11 September 2012.

In July 2012 itself, when Novartis sought an adjournment on account of
the unavailability of one of its counsel, the Court had indicated that
it could not be certain about its schedule and had informed the
parties that, while the matter would be listed on 22 August 2012, it
was not certain if final hearing would commence on 22 August 2012.

As the day progressed, it became evident that the hearing of the
matter listed at item no. 1 (a case that was already part-heard and
relating to collection of voice sample vis-à-vis the fundamental right
against self-incrimination) would continue today and tomorrow.
Therefore, when the Court reconvened after lunch, Novartis’ counsel
mentioned the matter to ascertain when the final hearing of the
Novartis matter would commence.

Alluding to the objections regarding maintainability of Novartis’
petition before the Supreme Court, Mr. Gopal Subramaniam, senior
counsel appearing for Novartis, said that Novartis would argue both
the issue of maintainability of its special leave petition as well as
the merits of the case and that Novartis would take three days to
argue the matter.

After ascertaining the court’s schedule and the convenience of the
counsel arguing for all parties, the matter has now finally been
re-scheduled to 11 September 2012 for final hearing. The matters will
be listed at item no. 1 on the causelist on 11 September 2012.

In solidarity,
Lawyers Collective HIV/AIDS Unit

Prathibha Sivasubramanian

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