NOVARTIS AG Vs. CIPLA LTD.

JUDGEMENT

(1.) AN application for patent claiming Switzerland priority date of July 18, 1997 was filed by M/s. Novartis AG on July 17, 1998 for an invention titled "Crystal Modification of A.N. -Phenyt -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. Natco Pharma Ltd., India, on May 26, 2005 with a request for hearing underR.55 of the Patents Rules, 2003 as amended by Patents (Amendment) Rules, 2005.

(3.) BEFORE discussing the grounds of opposition, it is pertinent to briefly mention here the background of the application. The present application claims ß -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 -1 -ytmethyl) -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 October 6, 1993, and its equivalent US Patent No. 5521184, etc.