Allergan Inc. and Anr. v. Intas Pharmaceuticals

1. This joint compromise application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have been set out in para 2 of the application, whereunder the defendant has acknowledged the plaintiffs’ exclusive rights in respect of the registered marks “BOTOX” and “BTX-A” and it has agreed not to use the said marks in isolation or collectively. The plaintiffs have also acknowledged and accepted the defendant’s use of the mark “BTXA” without hyphen and without segregating the letters forming part of the 2015:DHC:7593 CS(OS) 1445/2003 word “BTXA”.

3. Counsels for the parties state that the present suit may be decreed in view of the settlement arrived at between the parties.

4. The Court has pursued the present application. The same has been signed by the authorized signatories of the parties and their respective counsels. The application is supported by the affidavits of the signatories to the application.

5. As counsels for the plaintiffs and the defendants jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.

6. The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs. Decree sheet be drawn accordingly.

7. The suit is disposed of, along with the pending application.

8. File be consigned to the record room. (HIMA KOHLI) SEPTEMBER, 09, 2015 JUDGE sk/ap