Full Judgment Text
$~10 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2019, CC(COMM) 9/2020 & I.A. 17693/2019
BRISTOL-MYERS SQUIBB HOLDINGS IRELAND
UNLIMITED COMPANY & ORS. ..... Plaintiffs
Through: Ms. Prachi Agarwal and Ms.
Ridhie Bajaj, Advs.
versus
TORRENT PHARMACEUTICALS LIMITED
..... Defendant
Through: Mr. Tahir A.J., Ms. Garima
Joshi and Ms. Saakshi Khandelwal, Advs.
+ CS(COMM) 708/2019, CC(COMM) 20/2021 & I.A.
18047/2019
BRISTOL-MYERS SQUIBB HOLDINGS IRELAND
UNLIMITED COMPANY & ORS. ..... Plaintiffs
Through: Ms. Prachi Agarwal and Ms.
Ridhie Bajaj, Advs.
versus
ALKEM LABORATORIES LIMITED ..... Defendant
Through: Ms. Bitika Sharma, Ms. Vrinda
Pathak, Mr. George Vithayathil and Ms.
Manjunathan PS, Advs.
+ CS(COMM) 504/2021, I.A. 13284/2021 & I.A. 15402/2022
BRISTOL MYERS SQUIBB HOLDINGS IRELAND
UNLIMITED COMPANY & ORS. ..... Plaintiffs
Through: Ms. Prachi Agarwal and Ms.
Ridhie Bajaj, Advs.
versus
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 1 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
CONSERN PHARMA LIMITED & ORS. ..... Defendants
Through: Mr. Ayush Sharma and Mr.
Ashish Sharma, Advs. for D-1
+ CS(COMM) 180/2022 & I.A. 12682/2023
BRISTOL MYERS SQUIBB HOLDINGS IRELAND
UNLIMITED COMPANY & ORS. ..... Plaintiffs
Through: Ms. Prachi Agarwal and Ms.
Ridhie Bajaj, Advs.
versus
JIGS CHEMICAL LIMITED & ANR. ..... Defendants
Through: Mr. Naman Joshi, Ms. Ritika
Vohra and Mr. Anirudh Singh, Advs. for
Indiamart
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 05.10.2023
CS(COMM) 687/2019 & CC(COMM) 9/2020
1. The dispute in this case stands settled with the intervention of
the Delhi High Court Mediation and Conciliation Centre. The
settlement agreement dated 17 July 2023 is on record.
2. The terms of settlement read thus:
“1. The Defendant undertakes without prejudice to its rights
and contentions:
a. That it confirms that it did not distribute, sell,
offer for sale, export, for any commercial purposes, within
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 2 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
the territory of India, 'Apixaban' in any form (API or
finished formulation) or any of its pharmaceutically
acceptable salts under any brand name whatsoever
including but not limited to APIXATOR during the term
of the patent IN 247381 which expired on September 17,
2022.
b. That it shall withdraw the Counter Claim filed
in the suit bearing number CC(COMM) No. 9 of 2020
filed before the Hon'ble Court and agrees to not challenge
the validity of the suit patent IN 247381 in India.
2. That without prejudice to the Defendant's rights and
contentions, in lieu of the Defendant's undertakings in sub-clause 1
(a) and (b) above, Plaintiffs agree to not pursue the reliefs of
delivery up, damages and costs, in accordance with the prayers
stated in paragraphs 58(b), (c) and (d) of the Plaint or initiate any
other legal action for such reliefs for the Defendant's product
containing Apixaban in any form. Further, since the term of the
suit patent has expired, the Plaintiffs will also not pursue the relief
regarding permanent injunction stated in paragraphs 58(a) of the
Plaint.
3. That in case of any breach of the terms of settlement, the
Plaintiffs and the Defendant reserve their right to seek any
remedies available to them in law and equity including a right to
revive the suit and claim damages against the other Party.
4. The Parties agree that they shall abide by the terms and
conditions set out in the present Settlement Agreement and shall
not dispute the same hereinafter in future either themselves or
through any third parties. The Parties further agree that the
statements made by them herein in this Settlement Agreement shall
be taken as their respective undertakings to the Hon'ble Court.
5. The Plaintiffs are entitled to seek full refund of the court
fees paid by it under Section 16 of the Court Fees Act, 1870 from
the Hon'ble Court.
6. In view of the settlement arrived at, the Plaintiffs and
Defendant agree to bear their own attorney fees, court costs,
expenses and any other related costs and expenses that they have
incurred in connection with the present matter.
7. The parties hereby agree and acknowledge that the parties
to the present Settlement Agreement have read, understood and
agreed upon the terms and conditions of this Settlement Agreement
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 3 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
and the same has been entered into by them voluntarily.
8. The parties hereby agree and acknowledge that the present
Settlement Agreement has been signed and executed by the
respective authorized representatives of the Plaintiffs and the
Defendant and the terms agreed herein shall be binding henceforth
on all the parties to the settlement, their legal heirs, representatives
and assignees in business, interest and title.
9. The Parties hereto state that they have no farther claims or
demands against each other, and all the disputes and differences
have been amicably settled by the Parties hereto through the
process of mediation.
10. The Parties undertake to present themselves before the
Hon'ble Court during the hearing confirming the terms of the
Settlement Agreement.”
3. The parties are represented by learned Counsel who undertake
on behalf of their respective clients to abide by the terms of
settlement.
4. The Court has perused the terms of settlement and find them to
be lawful and in order.
5. As such, no further dispute remains for adjudication in the
present suit. The suit stands decreed in terms of the aforesaid
settlement agreement dated 17 July 2023.
6. Let a decree sheet be drawn up accordingly.
7. The plaintiff shall be entitled to refund of Court fees, if any,
deposited by it.
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 4 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
CS(COMM) 708/2019
8. It is submitted that this dispute stands settled vide settlement
agreement dated 8 February 2023, drawn up under the aegis of the
Delhi High Court Mediation and Conciliation Centre. The settlement
agreement is not on record. The mediation centre is requested to
positively place the settlement agreement on record before the next
date of hearing.
9. Re-notify on 31 October 2023.
CS(COMM) 504/2021
10. The dispute in this case stands settled with the intervention of
the Delhi High Court Mediation and Conciliation Centre. The
settlement agreement dated 16 May 2023 is on record.
11. The terms of settlement read thus:
“A. The Defendant Parties, acknowledge the rights of the
Plaintiff Parties under the patent IN 247381, till its expiry on
17.09.2022.
B. The Fourth Party has stipulated that it had manufactured a
very small quantity of the product before the expiry of the patent
and has destroyed the remaining stock from that period (infringing
product), it further agrees and undertakes to destroy any infringing
product, if it is still held / found in its stock.
C. The Fifth Party agrees and undertakes that subsequent to
filing of the present suit, they have taken-down and blocked the
infringing listing-https://www.indiamart.com/proddetail/apisern-2-
5-apixaban-tablets-2-5-mg-23569720791.html available on its
platform www.indiamart.com , related to 'Apixaban' in any form
(API or a finished formulation under any brand name whatsoever)
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 5 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
in compliance with the orders passed by this Hon'ble Court in the
present suit vide injunction order dated 08.10.2021 and in Bristol
Myers Squibb Holdings Ireland Unlimited Company & Ors. v.
Angle Bio Pharma & Ors . bearing number CS(Comm) No. 178 of
2022 dated 23.03.2022, read with order dated 28.04.2022, which is
verified and agreed by the Plaintiff Parties.
D. The Plaintiff Parties agree to forego their claims/ prayers
for costs and damages and the relief claimed against the Fifth Party
in paragraph 79 clause (c) of the prayer mentioned in the plaint, in
view of the aforesaid stipulations and undertakings of the
Defendant Parties.
E. The Defendant Parties agree that CS (COMM) 504/2021
may be decreed in terms of the prayers in the suit and the aforesaid
terms and that the Plaintiff Parties may seek refund of the court
fees paid under Section 16 of the Court Fees Act, 1870.
F. The agreements and undertakings given above by the
Plaintiff Parties and the Defendant Parties shall be binding
henceforth on them, their associates, representatives, successors,
partners, employees, affiliates and assignees-in-business.”
12. The parties are represented by learned Counsel who undertake
on behalf of their respective clients to abide by the terms of
settlement.
13. The Court has perused the terms of settlement and find them to
be lawful and in order.
14. As such, no further dispute remains for adjudication in the
present suit. The suit stands decreed in terms of the aforesaid
settlement agreement dated 16 May 2023.
15. Let a decree sheet be drawn up accordingly.
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 6 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50
16. The plaintiff shall be entitled to refund of Court fees, if any,
deposited by it.
IA 12682/2023 [under Section 151] in CS(COMM) 180/2022
17. There is no appearance on behalf of the defendant/applicant in
the present matter.
18. Re-notify on 31 October 2023.
C.HARI SHANKAR, J
OCTOBER 5, 2023
ar
Signature Not Verified
CS(COMM) 687/2019 and other connected matters Page 7 of 7
Digitally Signed
By:HARIOM
Signing Date:09.10.2023
10:10:50