Natco & Ranbaxy delay proceedings in the Glivec case before the Supreme Court


I had earlier carried a post on how the Supreme Court was scheduled to hear the Novartis (Glivec) case in the month of July, 2010. The case was initially scheduled for the 6th of July, 2010 before the Registrar S.G. Shah. The Registrar usually oversees the case until all necessary pleadings are completed after which the matter is listed before a bench of the Supreme Court for hearings. On the 6th of July, 2010 when the matter was listed before the Registrar, the Registry failed to deliver the files to the Registrar’s office. The matter was therefore re-scheduled for the 21st of July, 2010.

On the 21st of July when the matter was once again listed, the Registrar noted that Respondents No. 5 & 7 had once again delayed filed their replies to the SLP filed by Novartis. Respondents No. 5 & No.7 are Natco Pharma Ltd. & Ranbaxy Laboratories Ltd., respectively. The Registrar further noted that it had been seven months since notice had been issued to the Respondents and also that an extension had already been granted during a hearing on the 22nd of April, 2010. Refusing to give another extension the Registrar has ordered the matter to be listed before a Bench of the Supreme Court. The Respondents still have to time file the replies until the date of hearing.

The next date of hearing before the SC Bench is to be notified.

It is not exactly clear as to why these parties are delaying the matter especially since, one of them, Natco Pharma Ltd., has already filed a counter-appeal to Novartis’s SLP. Ranbaxy’s delay in filing a reply is suspicious especially given the high stakes involved. Please do feel free to speculate, in the comments section, as to the reason for this delay.

Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

4 comments.

  1. AvatarPatenty Yours

    Obvious, both these guys (Natco & Ranbaxy) have nothing to loose. The application is refused therefore they are free to manufacture and sell the product. Only Novartis has big stakes in this proceeding and therefore would want to speed up.

    Natco’s Counter was also a strategy to delay the proceedings, as it came as a counter to Novartis SLP and not as a appeal to the IPAB decision. I am sure they will pull this as long as possible as this is the last forum available to both end.

    Reply
  2. AvatarASHISH

    It appears that there is some out of court deal between parties not to oppose this application so that it sails through…the big picture is Novartis is manipulating this decision in the most ruthless manner now….when it’s strategy to line up 13 senior advocates failed in 3-d drama failed miserably 2-3 yrs. back. The counsel for the NGO, Cancer patients assoc is related to a partner in the firm who fought the case before controller. An appeal filed revives this Patent when a notice is issued. The Co’s are aggressively being sold off to Associate/friendly companies of Novartis to reign in their opposition. Three Controller general have lost their job -one because of granting the exclusive marketing right wrongly corruption and two because one was involved with rejection, Mr. B.S Chandra Shekhar and one technical member who is a Post Doctorate in Molecular Chemistry. Basicaaly anybody who stops toeing Novartis Line is manipulated.

    Now only the judge of the Hon’ble SC is above board. Although two Cj’s have changed. But delay leads to suspicion that is this Patent running on Life Support in this manner. Or is there an exclusivity arrangement.

    No talk of DGCI’s objections is made I guess he has been silenced. I hope The SC Judge can see and take suo moto cognisance of this matter to save Cancer patients now that all have abandoned their…cause and put an end to this by finally rejecting this Patent….

    Reply
  3. AvatarASHISH

    It appears that there is some out of court deal between parties not to oppose this application so that it sails through…the big picture is Novartis is manipulating this decision in the most ruthless manner now….when it’s strategy to line up 13 senior advocates failed in 3-d drama failed miserably 2-3 yrs. back. The counsel for the NGO, Cancer patients assoc is related to a partner in the firm who fought the case before controller. An appeal filed revives this Patent when a notice is issued. The Co’s are aggressively being sold off to Associate/friendly companies of Novartis to reign in their opposition. Three Controller general have lost their job -one because of granting the exclusive marketing right wrongly corruption and two because one was involved with rejection, Mr. B.S Chandra Shekhar and one technical member who is a Post Doctorate in Molecular Chemistry. Basicaaly anybody who stops toeing Novartis Line is manipulated.

    Now only the judge of the Hon’ble SC is above board. Although two Cj’s have changed. But delay leads to suspicion that is this Patent running on Life Support in this manner. Or is there an exclusivity arrangement.

    No talk of DGCI’s objections is made I guess he has been silenced. I hope The SC Judge can see and take suo moto cognisance of this matter to save Cancer patients now that all have abandoned their…cause and put an end to this by finally rejecting this Patent….

    Reply

Leave a Reply

Your email address will not be published.