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C. HARI SHANKAR
Bristol-myers Squibb Holdings Ireland Unlimited Company – Appellant
Versus
Metrochem Api Private Limited – Respondent
ORDER (Oral)
1. The disputes between the parties stand amicably resolved with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 21st February 2023 has been placed on record.
2. The terms of settlement read thus:
"1. The Defendant acknowledges the validity of the Plaintiff No. 1's patent, IN 247381 during its term which expired on September 17, 2022.
2. The Defendant confirms that subsequent to filing of the present proceedings, they have discontinued manufacturing, using, promoting, distributing, selling, offering for sale, exporting or otherwise dealing in 'Apixaban' and/or any of its pharmaceutically acceptable salts in any form (API or finished formulation under any the brand name whatsoever.
3. The Defendant further undertakes that the activities undertaken by the Defendant with respect to `Apixaban' in any form (API or finished formulation) or any of its pharmaceutically acceptable salts under any brand name whatsoever till the expiry of IN 247381 i.e. September 17, 2022, was in accordance with Section 107A of the Patents Act, 1970. The Defendant has provided proof indicating the same vide the affidavit dated Februar
The court upheld the legality and validity of the Settlement Agreement, leading to the disposal of the suit.
Settlement agreements in patent infringement cases can lead to the decree of the suit and entitlement to a refund of court fees.
The court's decision was influenced by the settlement agreement, which was found to be lawful and binding upon the parties, leading to the decree in favor of Defendant 1.
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
Enforcement of settlement terms under Order XXIII Rule 3 of CPC and decreeing of the suit in terms of the settlement
The court's decision was influenced by the lawfulness of the settlement agreement and its impact on the decree of the suit in favor of the plaintiffs.
Enforceability of settlement agreements and their impact on the resolution of disputes.
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