MERCK SHARP AND DOHME CORP & ANR. v. NEPTUNE LIFE SCIENCES PVT. LTD. & ANR.

1. The dispute between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 14 O R D E R (O R A L) % 28.04.2023 th March 2023 has been placed on record.

2. The terms of settlement read thus: “(i) The Defendant No. l further state that during the lifetime of IN 209816 which has expired on July 05, 2022, the Defendant No. l has not indulged in any act of commercially making, using, offering for sale, selling or importing, exporting or otherwise using the subject matter of IN'816 in the manner it has been granted in the patent, which may include other salts etc. With respect to the Defendant No. l’s activities concerning the advertisements for Sitagliptin on its website, the Defendant No. l undertakes that in compliance of the interim injunction, had cancelled the licenses for the manufacture of the product Sitagliptin Phosphate & Metformin Hydrochloride immediately after receiving the intimation of the interim injunction dated April 16, 2021, passed against them and has ensured no further manufacturing and distribution of the same during the lifetime of IN 209816; Copy of letter dated 12.01.2023 is annexed herewith as Annexure 'D' and

(ii) The Defendant No. l further clarifies that it did not commercially launch the generic version of the pharmaceutical drug Sitagliptin including as HAPPY JAAN M, during the term of IN 209816.

(iii) The Defendant No. l undertakes to pay the Plaintiff No. l a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in lieu of settlement of the present proceedings and the Plaintiff No.2 shall have no objection to the same. The said payment of Rs. 2,00,000/shall be paid by way of demand draft/NEFT on or before 20.03.2023. In case of default, the Defendant No. l shall be liable to pay interest @ 18% per annum.

(iv) Subject to the undertakings given by the Defendant No. l herein, the Plaintiffs forego their claim for damages and rendition of accounts in the proceedings as regards the Defendant No. 1.

(v) The parties agree that they have executed the present settlement agreement by their free will and volition without any force or pressure from anybody. 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 counsel, 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.

(vi) That by giving consent to this Settlement Agreement, the

Parties hereto state that they have settled all claims, disputes and differences mentioned in and arising out of the Suit in CS (COMM) 180/2021, amicably through the process of mediation, and no further claims or demands against each other arising out of the present Suit.

(vii) The terms and conditions of this settlement are binding upon the Plaintiffs and Defendant No. l, their associates, representatives, successors, partners, employees, affiliates and assignees-in-business.

(viii) The Hon’ble Court may decree the suit qua defendant No. 1 in terms of the present settlement agreement deed and the suit may proceed against the Defendant No.2 who has not settled the matter.

(ix) The Parties undertake to present themselves before the

Hon'ble Court during the virtual/ physical court hearing, as the case may be, confirming the terms of the present Settlement Agreement.”

3. Learned Counsel for the parties are present on behalf of their respective clients and they 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.

5. As such, nothing survives for adjudication in the suit.