Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v. Alkem Laboratories Limited
Delhi High Court·17 Sep 2022·2023:DHC:7927
C. Hari Shankar
CS(COMM) 708/2019
2023:DHC:7927
civilsettled
AI Summary
The Delhi High Court decreed a patent infringement suit based on a lawful, court-mediated settlement agreement, binding the parties and dismissing further adjudication.
Full Text
Translation output
CS(COMM) 708/2019 HIGH COURT OF DELHI CS(COMM) 708/2019 & CC(COMM) 20/2021, I.A. 18047/2019 BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ..... Plaintiffs Through: Mr. Pravin Anand, Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs.
VERSUS
ALKEM LABORATORIES LIMITED ..... Defendant Through: Mr. George Vithayathil, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L) 31.10.2023
JUDGMENT
1. The dispute between the parties in this case stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.
2. The Settlement Agreement dated 8 February 2023 is on record.
3. The terms of settlement read thus:
“1. The Defendant shall make no comment(s) on the validity/invalidity of the suit patent since the term of the suit patent has expired on September 17, 2022. 2. The Defendant confirms that the product of the Defendant was commercialized only after the expiry of the suit patent i.e. after September 17, 2022. 3. The undertakings given above by the Defendant shall be
binding henceforth on the Defendant, their associates, representatives, successors, partners, employees, affiliates and assignees-in-business.
4. The Defendant agrees to withdraw the Counter Claim bearing no. CC (COMM) No. 20 filed in the suit CS (COMM.) 708 of 2019.
5. Subject to the undertakings of the Defendant in aforesaid clauses of the Settlement Agreement hereinabove, Plaintiffs agree to forego prayers 56 (b), (c) and 56(d) for delivery up, any damages and costs from the Defendant.
6. The present suit may be decreed in the aforesaid terms of the Settlement Agreement and the Plaintiffs are entitled to seek full refund of the court fees paid by it under Section 16 of the Court Fees Act, 1870.
7. That in case of any breach of the terms of settlement, the parties 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 said Defendant.
8. The Parties agree that they have executed the present Settlement Agreement of their own free will and volition, without any force or pressure from any person. The Parties also agree that they have understood the contents of the present Settlement Agreement as the same have been explained to them by the Mediator and their respective counsels, in the presence of each other and they have consented to the same in its true letter and spirit, and as such they shall not dispute the same ever in future.
9. 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.
10. The Parties hereto state that they have no further 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.
11. The Parties undertake to present themselves before the Hon'ble Court during the hearing confirming the terms of the Settlement Agreement.”
4. Learned Counsel for the parties agree on behalf of their respective clients to abide by the terms of settlement.
5. As such, nothing survives for adjudication in this matter on merits.
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6. The court has perused the terms of settlement and finds them to be lawful and in order.
7. The suit is, accordingly, decreed in terms of the aforesaid Settlement Agreement dated 8 February 2023, by which the parties shall remain bound.
8. Let a decree sheet be drawn up accordingly.
9. The plaintiff shall be entitled to refund of court fees, if any, deposited by it.
C. HARI SHANKAR, J.
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