From what I understand, this case wasn't just about evergreening. When Prilosec was evergreened, the old formulation became available as Prilosec OTC. I don't know all the details beyond this article, but apparently in this case, Novartis wasn't just seeking a new patent on Glivec - they were also taking steps to make it harder for the generic version to be produced. The evergreening of Prilosec in the US was more of a marketing ploy, whereas the Novartis case seems much more insidious.
