BDR PHARMACEUTICALS INTERNATIONAL PVT LTD vs. BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY AND ANR

Case Type: Civil Appeal Commercial Intellectual Property Division - Patent

Date of Judgment: 28-11-2023

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Full Judgment Text

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-PAT) 460/2022 BDR PHARMACEUTICALS INTERNATIONAL PVT LTD ..... Appellant Through: Mr. Shashikant Yadav, Adv. versus BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY AND ANR ..... Respondents Through: Mr. Pravin Anand, Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs. + CS(COMM) 27/2020 BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ..... Plaintiffs Through: Mr. Pravin Anand, Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs. versus BDR PHARMACEUTICALS INTERNATIONAL PVT. LTD. & ANR. ..... Defendants Through: Mr. Shashikant Yadav, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL) % 28.11.2023 1. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre and settlement agreement dated 12 October 2023 has been placed on record. Signature Not Verified C.A.(COMM.IPD-PAT) 460/2022 & CS(COMM) 27/2020 Page 1 of 2 Digitally Signed By:HARIOM Signing Date:30.11.2023 12:56:33 2. Learned counsel pray that the terms of settlement be not reproduced, as they are confidential. However, the Court has perused the terms of settlement and find them to be lawful and in order. 3. The parties are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms thereof. 4. In view of the aforesaid, the disputes in CA (COMM.IPD-PAT) 460/2022 and CS (COMM) 27/2020 do not survive for consideration. 5. Accordingly, CA (COMM.IPD-PAT) 460/2022 is disposed of as per the settlement agreement dated 12 October 2023. 6. CS (COMM) 27/2020 is disposed of as withdrawn as per the aforesaid settlement agreement dated 12 October 2023. 7. The plaintiff shall be entitled to refund of court fees paid in CS (COMM) 27/2020, if any. 8. Let the decree-sheet be drawn up accordingly. C. HARI SHANKAR, J. NOVEMBER 28, 2023/ dsn Click here to check corrigendum, if any Signature Not Verified C.A.(COMM.IPD-PAT) 460/2022 & CS(COMM) 27/2020 Page 2 of 2 Digitally Signed By:HARIOM Signing Date:30.11.2023 12:56:33