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Re: Novartis Gleevec case

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Bravo, MSF!

I already wrote to you about a meeting I'm going to later this week of the ABA.

Sounds like I don't need to ask the question I thought I would. Anything you

want me to ask the new ABA president?

Cheers!

[ ] Novartis Gleevec case

Dear CML Colleagues,

Thanks to all of you who wrote to encourage Novartis to drop their cases

against the Indian government. For those of you interested, here's an update

on the status of the two (rather arcane, I'm afraid) cases:

The final hearings for the case related to the Novartis challenge to

section 3d of the Indian Patent Act (which limits the grounds for

patenting of new formulations of known compounds) concluded on April 4,

2007 in the Chennai High Court. The decision of the court on the case is

pending and a date has not been set for when this will be handed down but

it may occur before they go to recess in May or if not then it will be in

June. This is the critical part of the case that MSF has been following.

Currently nearly 500,000 people have written to Novartis or signed a

petition calling on the company to drop the case. If the Novartis

challenge is rejected by the high court then we hope that the public

awareness and pressure that has been raised will lead the company to not

appeal the decision in the supreme court. In that case the public health

safeguards of the Indian patent act (section 3d) will remain intact.

The second case related to the challenge by Novartis of the patent offices

decision to reject an application on the new formulation of Imatinib

Mesylate has been handed to an intellectual property appellate body that

will now hear the case. This process has not begun.

Warm regards to all,

R

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