The Madras High Court has adjourned the hearing on the Gleevec patent case to September 26, 2006. The case has been adjourned a day before the hearing posted by a single bench in the Madras High Court on September 13, allowing time for the Indian Pharmaceutical Alliance (IPA) to file their version, according to sources. The sources informed that the single bench has decided to postpone the case after receiving a notice from the IPA impleading in the case as a respondent, within the last five days.

As reported earlier, IPA's involvement in the issue is expected to give a new dimension to the Gleevec issue, the first major pharmaceutical IP case in the new product patent era in India.

Meanwhile, some legal sources commented that the single bench might have adjourned the case in advance if any of the parties request more time for preparation. While IPA declined to confirm the impleade move, the patent attorney firm for Novartis refused to respond to Pharmabiz on the development.

It is to be noted that Novartis has filed seven cases on May 19, 2006 against the Government of India, the Cancer Patients Aid Association (CPAA), a 35 year old cancer patients group, and other generic companies in the High Court of Madras challenging the rejection of the patent application for Gleevec. Novartis also challenged section 3(d) of the Patents (Amendment Act), 2005. Novartis' 1998 application for a patent on imatinib myselate was opposed by CPAA and later rejected by the Chennai patent office on January 25, 2006.

Meanwhile, a protest march against Novartis on the Gleevec issue was organised yesterday in Mumbai at Azad Maidan, by Cancer Patients Groups and NGOs.