GSK, EMR, Supreme Court and Novarits, saga is far from over

Pursuant to Shamnad's post on Spicy IP, where at the end an interesting question wasraised. But even if EMR could be granted from date of first rejection thatis 2002 even then the term got over in 2007. But if EMR could be granted forsaid period, then interesting question would be the infringment action thatGSK can take against generic manufactures during pendency of the EMR asSection 78 of the repealing act provided for the infringement action inrespsect of EMR till their term is over.What GSK now possess is a paper decree and same lacks any teeth. This alsobrings attention towards novartis gleevac case, where a appeal is pendingagainst order of Controller in IPAB. In said matter the order was passed byController under Section 25(1) from which no appeal can be preffered and theremedy in such event is a writ petition, But referring the matter to IPABwhich lacks jurisdiction to entertain appeal against pre grant oder willagain lead to a paper decree.