Panacea Biotech invalidated Novartis patent on emulsion preconcentartes of cyclosporine or a macrolide

European Patent Office in Munich has revoked Novartis Patent EP1059913 on opposition filed by Panacea Biotec.EP1059913 assigned to Novartis AG, entitled “Emulsion preconcentrates containing cyclosporine or a macrolide” has total 20 claims out of which claim 1 is independent claim, which covers a composition in form of an emulsion pre-concentrate or a microemulsion pre-concentrate suitable for oral administration comprising: 1) a cyclosporine or macrolide, and a carrier medium comprising 2) a second component selected from the group consisting of (i) glyceryl di C6-C16 fatty acid ester, (ii) glyceryl mono C6-C14 fatty acid ester, (iii) a mixture of mono-, diglycerides of C6-C16 fatty acids, (iv) propylene glycol mono C6-C12 fatty acid ester, (v) fatty alcohols, and3) a lipophilic component, and 4) a surfactant, with the proviso that when component 2) consists of a mixture of mono-, diglycerides of C8-C10 fatty acids, said composition is free of a C6-C12 fatty acid triglyceride.Panacea Biotec had filed an opposition in 2005 on EP1059913 on the grounds of Lack of Novelty and Inventive-step. Novartis filed two auxiliary requests in order to protect their granted patent. In August 2007, summons for ‘Oral hearing’ were issued to both the parties. Subsequently on Oral hearing the EP1059913 was revoked on account of being taken of the amendments made by the Novartis during opposition proceedings because the patent and the invention to which it relates were found not to meet the requirements of the EPC (Art. 101(3) (b) EPC) (Source: Amit)