NOVARTIS AG Vs. CIPLA LTD
LAWS(IP)-2006-10-1
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on October 14,2006

Appellant
VERSUS
Respondents

JUDGEMENT

V.Rengasamy, J. - (1.) AN application for patent claiming Switzerland priority date of 18th July, 1997 was filed by M/s. Novartis AG on 17th July, 1998, for an invention titled "Crystal Modification of A.N.-Phenyl-2-Pyrimidineamine derivative, processes for its manufacture and its use" and the same was allotted the application No. 1602/MAS/1998.
(2.) A representation by way of opposition under Section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005, was filed by M/s. Gopakumar Nair Associates, Mumbai on behalf of M/s. CIPLA Ltd., Mumbai on 5th July, 2005, with a request for hearing under Rule 55 of the Patents Rules, 2003 as amended by Patents (Amendment) Rules, 2005. The Applicant through their agents M/s. Remfry & Sagar, New Delhi, filed reply statement along with evidence by way of affidavit affirmed by Dr. Paul William Manley of Switzerland on 5th August, 2005. In their reply statement, the Applicant had requested for a hearing under Rule 55 of the Patents Rules, 2003. They filed another affidavit affirmed by Giorgio Pietro Massimini of Switzerland on 22nd September, 2005.
(3.) BEFORE discussing the grounds of opposition, it is pertinent to briefly mention here the background of the application. The present application claims �-crystal form of methanesulphonic acid salt of 4-(4-methylpiperazin-1-ylmethyl)-N-[4-methyl-3-[4-pyridin-3-yl) pyrimidin-2-ylamino) phenyl]-benzamide commercially called as imatinib mesylate. Invention of the base compound, 4-(4-methylpiperazin-l-ylmethyl)-N-[4-methyl-3-[4-pyridin-3-yl) pyrimidin-2-ylamino) phenyl]-benzamide called as imatinib had already been disclosed in the European Patent publication No. EP-A-056409, published on 6th October, 1993, and its equivalent US Patent No. 5521184, etc. Not an invention:;


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