Novartis AG v. Union of India: The Battle Over Beta Crystalline Imatinib Mesylate
Novartis AG v. Union of India: The Battle Over Beta Crystalline Imatinib Mesylate Overview In a landmark departure from ordinary appellate procedure, the Supreme Court of India admitted and directly heard an appeal filed by Novartis AG against the order of the Intellectual Property Appellate Board (IPAB) — even though appeals from IPAB orders are ordinarily required to go first to the jurisdictional High Court. The IPAB had rejected Novartis's product patent claim over the beta crystalline form of Imatinib Mesylate, holding that it failed both the threshold test of "invention" under Sections 2(1)(j) and 2(1)(ja) of the Patents Act, 1970, and the separate test of patentability under Section 3(d). The Supreme Court dismissed Novartis's appeal and allowed the counter-appeals filed by two of the respondents, Natco Pharma Ltd. and the Cancer Patients Aid Association. Because the Court did not render a separate finding on these counter-appeals, it may reasonably be infer...